South Puget Sound Community College, Decision 10355 (PSRA, 2009)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petition of: )
)
WASHINGTON FEDERATION OF STATE )
EMPLOYEES ) CASE 21849-C-08-1371
)
For clarification of an existing ) DECISION 10355 - PSRA
bargaining unit of employees of: )
)
SOUTH PUGET SOUND COMMUNITY COLLEGE ) ORDER CLARIFYING
(COMMUNITY COLLEGE DISTRICT 24) ) BARGAINING UNIT
____________________________________)
Washington Federation of State Employees, by Gladys Burbank,
Director of PERC Activities, for the union.
Office of Financial Management, by Tina Peterson, Labor
Negotiator, for the employer.
On July 7, 2008, the Washington Federation of State Employees
(union) filed a unit clarification petition under Chapter 391-35
WAC, concerning certain employees of South Puget Sound Community
College (employer). The union seeks to include certain regular
part-time employees in an existing bargaining unit already
represented by the union. Hearing Officer Christy Yoshitomi
conducted a pre-hearing conference on September 11, 2008. During
this pre-hearing conference, the parties agreed to submit written
stipulations in lieu of a hearing. The parties submitted their
stipulations on February 2, 2009.
ISSUE
Should the existing bargaining unit be clarified to include regular
part-time employees?
The Executive Director accepts the parties' stipulations and
modifies the bargaining unit represented by the union to include the
petitioned-for employees.
APPLICABLE LEGAL PRINCIPLES
Unit placement of part-time state civil service employees is
addressed in WAC 391-35-356. Under this rule, it is presumptively
appropriate for employees covered by Chapter 41.06 RCW who work less
than full-time to be included in the same bargaining unit as
full-time employees who perform similar work.
The Personnel Resources Board (PRB) is the agency authorized to
interpret RCW 41.06, the applicable statute. On July 1, 2005, a
revised rule, WAC 357-04-045, was adopted by the PRB addressing
part-time or temporary employees:
WHICH PART-TIME OR TEMPORARY EMPLOYEES OF HIGHER EDUCATION
EMPLOYERS ARE EXEMPT FROM CIVIL SERVICE RULES?
Persons employed to work one thousand fifty hours or less (1050
hours or less) in any twelve consecutive month period from the
original date of hire or October 1, 1989, whichever is later,
are exempt from civil service rules.
Employees who are either exempt under this subsection or
exceptions authorized under WAC 357-19-440, and who work more
than three hundred fifty (350) hours in any twelve consecutive
month period from the original date of hire or January 1, 2004,
whichever is later, may be included in an appropriate
bargaining unit for purposes of collective bargaining, as
determined by the public employment relations commission.
Overtime and time worked as a student employee under the
provision of WAC 357-04-040 are not counted in the
three-hundred fifty (350) hours.
ANALYSIS
The union currently represents a unit of all supervisory civil
service employees of South Puget Sound Community College, excluding
confidential employees, internal auditors, non-supervisory
employees, and all other employees. There are approximately 8
employees in the unit. The current bargaining unit does not include
regular part-time employees working more than 350 hours but less
than 1050 hours. The employer and union stipulate that although
there are currently no part-time employees employed by the employer,
should employees who do similar work be employed, they would be
included in the existing supervisory bargaining unit once they reach
350 hours of employment.
CONCLUSION
The Executive Director finds that the stipulations filed by the
parties are sufficient to constitute a basis for a ruling, and
nothing has come to the attention of the Commission staff or
Executive Director that contradicts the propriety of the
clarification requested by the union. The employer does not oppose
clarifying the bargaining units to include employees working between
350 and 1050 hours annually. The existing bargaining unit appears
to be the only appropriate unit placement for employees who would
meet the criteria in WAC 357-04-045. The stipulations by the
parties are therefore accepted and incorporated into the findings of
facts below.
FINDINGS OF FACT
1. South Puget Sound Community College (Community College District
24) is a state institution of higher education within the
meaning of RCW 41.80.005(10).
2. The Washington Federation of State Employees is an employee
organization within the meaning of RCW 41.80.005(7).
3. The union is the exclusive bargaining representative of a
bargaining unit encompassing all supervisory civil service
employees of South Puget Sound Community College, excluding
confidential employees, internal auditors, non-supervisory
employees, and all other employees.
4. The parties stipulate that the petition was timely filed.
5. The parties stipulate that there are approximately 8 employees
included in the bargaining unit described in Finding of Fact 3
above.
6. The parties stipulate that any regular part-time employee who
performs work similar to that performed by the employees in the
bargaining unit described in Finding of Fact 3 and who works at
least 350 hours in a consecutive 12-month period will be
included in the bargaining unit once they reach 350 hours of
employment.
7. The parties stipulate that the individuals within the group
described in Finding of Fact 6 do not include students.
8. The parties stipulate that no other cases pending before the
Public Employment Relations Commission could affect the
composition of the bargaining unit.
9. The parties stipulate that the Commission has jurisdiction to
determine whether the proposed individuals can be included in
the bargaining unit.
10. The parties have waived their rights to a hearing and their
rights to file an appeal.
11. No other facts have been discovered or brought to the attention
of the parties that call into question the propriety of the
proposed bargaining unit.
CONCLUSIONS OF LAW
1. The Public Employment Relations Commission has jurisdiction in
this matter under Chapter 41.80 RCW and Chapter 391-35 WAC.
2. Employees described in Finding of Fact 6 will be regular
part-time employees for the purpose of collective bargaining
and will be appropriately included in the existing bargaining
unit described in Finding of Fact 3.
ORDER
1. The description of the existing bargaining unit is modified to
read as follows:
All full-time and regular part-time supervisory civil
service employees of South Puget Sound Community College,
excluding confidential employees, internal auditors,
non-supervisory employees, and all other employees.
2. Employees who work for the employer more than 350 hours during
any consecutive 12-month period will be included in that unit
as regular part-time employees.
Issued at Olympia, Washington, on the 3rd day of April, 2009.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
CATHLEEN CALLAHAN, Executive Director