City of Mabton, Decision 10043 (PECB, 2008)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petition of: )
)
TEAMSTERS UNION, LOCAL 760 ) CASE 21576-E-08-3341
)
Involving certain employees of: ) DECISION 10043 - PECB
)
CITY OF MABTON ) DIRECTION OF CROSS-CHECK
)
___________________________________)
Wayne Johnson, Business Representative, for the union.
Kevin Wesley, Labor Consultant, for the employer.
On March 6, 2008, the Teamsters Union, Local 760, filed a petition,
seeking certification as exclusive bargaining representative of
certain employees of City of Mabton. An investigation conference was
conducted by telephone conference call on April 8, 2008. The parties
disagreed about the method to determine the question concerning
representation. The dispute concerning methodology was referred to
the Executive Director.
ISSUE
The sole issue to be determined at this time is whether use of the
cross-check method is appropriate in this case. The union stated a
preference for a cross-check, while the employer objected to the use
of the cross-check procedure. The Executive Director rules that a
cross-check is appropriate.
APPLICABLE LEGAL PRINCIPLES
RCW 41.56.060 sets forth the methods for determining questions
concerning representation:
The Commission shall determine the bargaining representative by
(1) examination of organization membership rolls, (2)
comparison of signatures on organization bargaining
authorization cards, or (3) by conducting an election
specifically therefor.
The Commission's rules limit the availability of the "cross-check"
procedure, as follows:
WAC 391-25-391 SPECIAL PROVISION--PUBLIC EMPLOYEES. (1)
Where only one organization is seeking certification as the
representative of unrepresented employees, and the showing of
interest submitted in support of the petition indicates that
the organization has been authorized by in excess of seventy
percent of the employees to act as their representative for the
purposes of collective bargaining, the executive director may
issue a direction of cross-check.
(2) A direction of cross-check and other rulings in the
proceedings up to the issuance of tally are interim orders, and
may only be appealed to the commission by objections under WAC
391-25-590 after the cross-check. An exception is made for
rulings on whether the employer or employees are subject to the
jurisdiction of the commission, which may be appealed under WAC
391-25-660.
(emphasis added). The general preference for elections occasionally
expressed by employers is not sufficient to disregard the statute
and rule.
In City of Redmond, Decision 1367-A (PECB, 1982) and numerous
subsequent decisions, the Commission and the Executive Director have
refused to ignore the cross-check option (or to write it out of the
statute).
ANALYSIS
Employers frequently allege that employees were not aware of what
they were signing, and should therefore be allowed to vote in an
election. The Executive Director rejects this argument. The showing
of interest is confidential under WAC 391-25-110, and cannot be the
subject of a hearing.
The wording on the authorization cards submitted as the showing of
interest in this case clearly indicate that, by signing the card,
the employee wishes to be represented by the Teamsters Union, Local
760 for the purposes of collective bargaining. Just as people can
be expected to attach importance to checks, contracts, and other
documents they sign in their course of their personal business
affairs, employees can be expected to read and give importance to
authorization cards they sign for a union.
Examination of the case file indicates that the union submitted a
showing of interest in excess of the 70 percent required by WAC
391-25-391. If employees desire to withdraw their authorization
cards in advance of a cross-check, the procedure for doing so is
detailed in WAC 391-25-410(2).
NOW, THEREFORE, it is
ORDERED
1. The employer shall immediately supply the Commission with
copies of documents from its employment records which bear the
signatures of the employees on the eligibility list stipulated
by the parties.
2. A cross-check of records shall be made by the staff of the
Public Employment Relations Commission in the appropriate
bargaining unit described as:
ALL FULL-TIME AND REGULAR PART-TIME PATROL OFFICERS OF THE
CITY OF MABTON POLICE DEPARTMENT, EXCLUDING SUPERVISORS,
CONFIDENTIAL EMPLOYEES AND ALL OTHER EMPLOYEES.
to determine whether a majority of the employees in that
bargaining unit have authorized the TEAMSTERS UNION, LOCAL 760,
to represent them for purposes of collective bargaining.
Issued at Olympia, Washington, on the 17th day of April, 2008.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
CATHLEEN CALLAHAN, Executive Director
This order may be appealed by filing
timely objections with the Commission
pursuant to WAC 391-25-590.