STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petition of: )
)
WASHINGTON ASSOCIATION OF FISH )
AND WILDLIFE PROFESSIONALS ) CASE 22186-E-09-3428
)
Involving certain employees of: ) DECISION 10322 - PSRA
)
STATE - FISH AND WILDLIFE ) CERTIFICATION
) Cross-check by
___________________________________) Agreement of Parties
Garrettson, Gallagher and Fenrich by Rhonda Fenrich, Attorney
at Law, for the petitioner.
Brad Garrett, Labor Negotiator, and Cindy Lerch, Human
Resources Director, for the employer.
FINDINGS OF FACT
1. The Washington Association of Fish and Wildlife Professionals
filed with the Public Employment Relations Commission a
petition for investigation of a question concerning
representation for the farmers of the Washington State
Department of Fish and Wildlife. The petition was timely filed
and accompanied by a showing of interest which was
administratively determined by the Commission to be sufficient.
No other organization is known to claim to represent the
employees involved.
2. The existing bargaining unit represented by the Washington
Association of Fish and Wildlife Professionals is described as:
All non-supervisory civil service employees of the
Department of Fish and Wildlife:
In the Wildlife Program, all employees in the Biologist 1,
Biologist 2, Biologist 3, and Biologist 4 classifications
(except positions in the Wildlife Area Manager bargaining
unit), all Research Scientists and Fish and Wildlife
Health Specialists on the Westside Research Team, and the
Lands Agent in Region 4;
In the Habitat Program, all employees in the Biologist 1,
Biologist 2, Biologist 3, and Biologist 4 classifications
(except those in Environmental Restoration), all
Environmental Specialists in Technical Services and in
Region 3 and Region 4, and all Fish and Wildlife
Research Scientists in the Science Division;
In the Fish Program, all employees in the Biologist 1,
Biologist 2, Biologist 3, and Biologist 4 classifications
in the Inland Section of the Management Division, and all
regional biologists in the Inland Section of the Science
Division, all employees in the Biologist 1, Biologist 2,
Biologist 3, and Biologist 4 classifications, all
Scientific Technicians, and all Information Technology
Application Specialists in the Marine Resources Unit,
including those in Region 4 and Region 6 of the Shellfish
Section;
Excluding confidential employees, internal auditors,
supervisors, non-supervisory Washington Management Service
employees (on and after July 1, 2004), and employees
included in any other bargaining unit.
3. All proceedings were conducted under the supervision of the
Commission in a manner designed to afford the affected
employees a free choice in the selection of whether they wished
to represented by the Washington Association of Fish and
Wildlife Professionals in its existing bargaining unit. A
confidential cross-check of employer and union documents has
been conducted by the Commission staff and a tally of the
results previously furnished to the parties is attached hereto;
and no meritorious objections have been filed with respect to
these proceedings.
4. The existing bargaining unit represented by the Washington
Association of Fish and Wildlife Professionals shall be
modified to include the head start teachers for a bargaining
unit described as:
All non-supervisory civil service employees of the
Department of Fish and Wildlife:
In the Wildlife Program, all employees in the Biologist 1,
Biologist 2, Biologist 3, and Biologist 4 classifications
(except positions in the Wildlife Area Manager bargaining
unit), all employees in the Farmer 1, Farmer 4 and Farmer
6 classifications, all Research Scientists and Fish and
Wildlife Health Specialists on the Westside Research Team,
and the Lands Agent in Region 4;
In the Habitat Program, all employees in the Biologist 1,
Biologist 2, Biologist 3, and Biologist 4 classifications
(except those in Environmental Restoration), all
Environmental Specialists in Technical Services and in
Region 3 and Region 4, and all Fish and Wildlife Research
Scientists in the Science Division;
In the Fish Program, all employees in the Biologist 1,
Biologist 2, Biologist 3, and Biologist 4 classifications
in the Inland Section of the Management Division, and all
regional biologists in the Inland Section of the Science
Division, all employees in the Biologist 1, Biologist 2,
Biologist 3, and Biologist 4 classifications, all
Scientific Technicians, and all Information Technology
Application Specialists in the Marine Resources Unit,
including those in Region 4 and Region 6 of the Shellfish
Section;
Excluding confidential employees, internal auditors,
supervisors, non-supervisory Washington Management Service
employees (on and after July 1, 2004), and employees
included in any other bargaining unit.
CONCLUSION OF LAW
The unit described in paragraph 4 of the foregoing Findings of Fact
is an appropriate unit for the purposes of collective bargaining
within the meaning of RCW 41.56.060.
NOW, THEREFORE, it is
CERTIFIED
The Farmers of the Washington State Department of Fish and Wildlife
have chosen:
WASHINGTON ASSOCIATION OF FISH AND WILDLIFE PROFESSIONALS
as their representative for the purpose of collective bargaining
with their employer.
Issued at Olympia, Washington, this 11th day of March, 2009.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
CATHLEEN CALLAHAN, Executive Director