Western Washington University, Decision 10437 (PSRA, 2009)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petition of: )
)
WASHINGTON FEDERATION OF STATE )
EMPLOYEES ) CASE 21826-C-08-1352
)
For clarification of an existing bargaining ) DECISION 10437 - PSRA
unit of employees of: )
)
WESTERN WASHINGTON UNIVERSITY ) ORDER CLARIFYING
) 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, and Gil Hodgson, Assistant Attorney General, 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 Western Washington University
(employer). The union seeks to include certain regular part-time
employees in an existing bargaining unit it already represents.
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 June 8, 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 nonsupervisory classified
employees in office-clerical positions, excluding supervisory
employees and all other employees. There are approximately 240
employees in the unit. The current bargaining unit does not include
regular part-time employees working less than 1050 hours. The
parties have stipulated to a list of approximately 36 employees who
have worked at least 350 hours during the previous 12 months.
Although the employees may not perform all the duties of the
equivalent full-time positions, they do perform work similar to the
full-time positions in the existing bargaining unit.
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 the employees working
between 350 and 1050 hours annually. The existing bargaining unit
appears to be the only appropriate unit placement for the
petitioned-for employees. The stipulations by the parties are
therefore accepted and incorporated into the findings of facts
below.
FINDINGS OF FACT
1. Western Washington University 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 non-supervisory classified
employees in office-clerical positions, 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 240
employees included in the bargaining unit described in
Finding of Fact 3 above.
6. The parties stipulate that the list of approximately 36
petitioned-for employees includes those who perform work
similar to that performed by the employees in the existing
bargaining unit described in Finding of Fact 3 and who have
worked at least 350 hours in the previous 12 months.
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 employee organization is
known to claim or be seeking to represent any of the
part-time employees at issue in this proceeding, and 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 stipulate that the petitioned-for employees in
Finding of Fact 6 are appropriately included in the existing
bargaining unit described in Finding of Fact 3.
11. The parties have waived their rights to a hearing and their
rights to file an appeal.
12. 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 are regular
part-time employees for the purpose of collective bargaining
and are 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 nonsupervisory
classified employees in office-clerical positions,
excluding supervisory employees and all other employees.
2. Employees who work for the employer more than 350 hours
during any consecutive 12-month period are included in that
unit as regular part-time employees.
Issued at Olympia, Washington, on the 17th day of June, 2009.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
CATHLEEN CALLAHAN, Executive Director