Bellevue College, Decision 10388 (PSRA, 2009)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petition of: )
)
WASHINGTON FEDERATION OF STATE )
EMPLOYEES ) CASE 21828-C-08-1354
)
For clarification of an existing ) DECISION 10388 - PSRA
bargaining unit of employees of: )
)
BELLEVUE COLLEGE ) ORDER CLARIFYING
(COMMUNITY COLLEGE DISTRICT 8) ) 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 2, 2008, the Washington Federation of State Employees
(union) filed a unit clarification petition under Chapter 391-35
WAC, concerning certain employees of Bellevue 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 May 1, 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 Chapter 41.06 RCW, 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 classified employees at
Bellevue College who are assigned to custodial, maintenance, grounds
and mail classes, excluding supervisory employees and all other
employees. There are approximately 43 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. Bellevue College 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 classified employees at
Bellevue College who are assigned to custodial, maintenance,
grounds and mail classes, excluding supervisory employees and
all other employees.
4. The parties stipulate that the petition was timely filed.
5. The parties stipulate that there are approximately 43 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 classified employees
at Bellevue College who are assigned to custodial,
maintenance, grounds and mail classes, excluding
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 5th day of May, 2009.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
CATHLEEN CALLAHAN, Executive Director