State - Revenue, Decision 10374 (PSRA, 2009)


                         STATE OF WASHINGTON
                                   
          BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
                                   
                                   
In the matter of the petition of:  )
                                   )
DENNIS REDMON                      )    CASE 22374-E-09-3454
                                   )
Involving certain employees of:    )    DECISION 10374 - PSRA
                                   )
STATE - REVENUE                    )    ORDER OF DISMISSAL
___________________________________)    

On April 1, 2009, Dennis Redmon filed a petition for investigation
of a question concerning representation with the Public Employment
Relations Commission, seeking to decertify the Washington Federation
of State Employees (WFSE) as exclusive bargaining representative of
the non-supervisory employees at Washington State Department of 
Revenue.

On April 3, 2009, a routine letter was mailed to the employer
requesting a list of employees.  On April 9, 2009, the employer
responded to that request by providing a list of employees.  Review
of the showing of interest indicated the petitioner lacked the
thirty percent as required under Commission rules.  A deficiency
notice was issued on April 15, 2009, pointing out that defect.  The
petitioner was given until April 27, 2009, to show good cause why
the petition should not be dismissed. 

On April 27, 2009, the petitioner filed a response requesting that
the blocking charge rule be invoked and processing of the
representation case be suspended pending the outcome the related
unfair labor practice cases.(fn:1)
____________________
fn:1     Case 22364-U-09-5705 and 22367-U-09-5706.


Discussion

WAC 391-25-110 requires that a petitioner provide an adequate
showing of interest before the Commission conducts a representation 
election.
          WAC 391-25-110   SUPPORTING EVIDENCE -- SHOWING OF
     INTEREST CONFIDENTIAL.  (1) A petition filed by employees or an
     employee organization shall be accompanied by a showing of
     interest indicating that the petitioner has the support of
     thirty percent or more of the employees in the bargaining unit
     which the petitioner claims to be appropriate. The showing of
     interest shall be furnished under the same timeliness standards
     applicable to the petition, and shall consist of original or
     legible copies of individual authorization cards or letters
     signed and dated by employees in the bargaining unit claimed
     appropriate. . . .
     
(emphasis added). 

A properly filed representation petition is considered valid until
Commission staff examine the showing of interest against the list of
employees provided by the employer.  The employer's list indicated
there were 826 employees and review of the showing of interest
against that list disclosed that the petitioner was below the
required thirty percent.  The showing of interest requirement is
mandatory, not discretionary. 

In many instances where a party asserts an unfair labor practice
potentially affects the outcome of a representation  election, the
Commission would invoke WAC 391-25-370(1) and suspend the outcome of
the representation election pending the outcome of the unfair labor
practice case.  However, WAC 391-25-370(3) requires that the alleged
unfair labor practice needs to affect the outcome of a
representation election.  Without a thirty percent showing of
interest, a representation election would not occur.  By limiting
the remedy in cases that assert the petitioning party was prevented
from collecting its showing of interest to those unfair labor
practice provisions, the Commission cannot assume that a
representation election would ever occur. Dismissal of the
representation petition does not prevent a remedial order in the
unfair labor practice case to redress the lack of sufficiency of the
showing of interest.  State - Labor and Industries, Decision 9052
(PSRA, 2005).

Once demonstrative evidence exists that the petition is not
supported by the requisite showing of interest, the petition shall
be dismissed.  If a petitioner asserts that it was prevented from
collecting its showing of interest by some action of another party,
that party should file an unfair labor practice complaint, and if a
violation is found, the appropriate remedy will come from the unfair
labor practice provisions.  State - Labor and Industries, Decision
9052 (PSRA, 2005).

NOW THEREFORE, it is

                               ORDERED

The petition for investigation of a question concerning
representation filed in the above-entitled matter is hereby,
DISMISSED for insufficient showing of interest.

Issued at Olympia, Washington this  5th  day of May, 2009.
                        
                    PUBLIC EMPLOYMENT RELATIONS COMMISSION



                    CATHLEEN CALLAHAN, Executive Director


This order will be the final order of the
agency unless a notice of appeal is filed
with the Commission under WAC 391-25-660.