Medical Lake School District, Decision 10497 (EDUC, 2009)


                         STATE OF WASHINGTON
                                   
          BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
                                   
                                   
In the matter of the petition of:  )
                                   )
MEDICAL LAKE SCHOOL DISTRICT       )   CASE 22558-C-09-1408
                                   )
For clarification of an existing   )   DECISION 10497 - EDUC
bargaining unit represented by:    )      
                                   )
WASHINGTON EDUCATION               )   ORDER CLARIFYING
ASSOCIATION                        )   BARGAINING UNIT
___________________________________)


On June 22, 2009, the Washington Education Association (union) filed
a petition for clarification of an existing bargaining unit with the
Public Employment Relations Commission under Chapter 391-35 WAC. 
The petition concerns an ROTC instructor position within the Medical
Lake School District (employer).  The question presented by the
petition is whether a certificated, nonsupervisory employee should
be included in the bargaining unit of like employees.  The petition
was reviewed under WAC 391-35-020, and a show cause order was issued
on July 7, 2007.  Both the union and employer were directed to
respond within 21 days to the question of why an administrative
decision could not be made that the position is included in the
bargaining unit.  Neither party responded. 

DISCUSSION

RCW 41.59.080(l) states that an appropriate bargaining unit which
contains nonsupervisory educational employees must contain all such
employees.  RCW 41.59.020(4) defines "employee" and "educational
employee" as "any certificated employee of the school district . . .
."   The collective bargaining agreement between the parties
recognizes the union as the exclusive bargaining representative for
"all regular, contracted certificated employees."  The ROTC
instructor position is not included in the exceptions listed in the
agreement's recognition clause. 

Based upon the clear language of  RCW  41.59.080(1) and the union's
representations, including its statement of facts, the ROTC
instructor position, a certificated position, would appear to belong
in the existing bargaining unit of nonsupervisory, certificated
employees, i.e., teachers.  Because the employer did not respond to
the show cause order dated July 7, 2009, and did not present any
facts or arguments that the ROTC instructor is not a certificated
employee, or that the position should not be included in the unit
due to extraordinary circumstances, a hearing is not necessary in
this matter. 

NOW, THEREFORE, it is 

                               ORDERED

The ROTC instructor position is included in the bargaining unit and
has been included by statute from the time a Washington State
teaching certificate became a job requirement.

ISSUED at Olympia, Washington, this  5th  day of August, 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 391-35-210.