STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petition of: )
)
WASHINGTON ASSOCIATION OF FISH )
AND WILDLIFE PROFESSIONALS ) CASE 22297-E-09-3436
)
Involving certain employees of: ) DECISION 10343 - PSRA
)
STATE - FISH AND WILDLIFE ) CERTIFICATION
) Representation Election
) by Agreement of Parties
___________________________________)
Garrettson Gallagher 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 Project Fish Counters/Scientific Technicians of
the Washington State Department of Fish and Wildlife. The
petition was timely filed and was accompanied by a showing of
interest which was administratively determined by the
Commission to be sufficient.
2. The existing bargaining unit represented by the Washington
Association of Fish and Wildlife Professionals is described as:
ALL NON-SUPERVISORY PERMANENT CIVIL SERVICE EMPLOYEES OF
THE DEPARTMENT OF FISH AND WILDLIFE, AS FOLLOWS: INCLUDING
ALL PERMANENT EMPLOYEES IN THE JOB CLASSES OF
ENVIRONMENTAL SPECIALIST 1, 2, AND 3, AND ENVIRONMENTAL
SPECIALIST 4 AND 5 IN THE FISH PROGRAM, AND ENVIRONMENTAL
SPECIALIST 4 AND 5 IN THE TECHNICAL APPLICATIONS PROGRAM
(TAPPS); AND INCLUDING PERMANENT SEASONAL FISH
COUNTERS/SCIENTIFIC TECHNICIANS IN REGIONS 3 AND 5;
MICROBIOLOGIST 2; FISH AND WILDLIFE BIOLOGIST 1, 2, 3, AND
4; FISH BIOMETRICIAN; FISH RESEARCH SCIENTIST 1 AND 2;
RESEARCH ANALYST 1, 2, AND 3; AND DECISION 10343 -
SCIENTIFIC TECHNICIAN 1, 2, 3, AND 4, EXCLUDING ALL TEMPORARY,
SEASONAL CAREER OR PERMANENT EMPLOYEES IN THE WILDLIFE PROGRAM; IN
THE FISH PROGRAM SCIENCE DIVISION (INLAND FISH INVESTIGATIONS);
FISH PROGRAM MANAGEMENT DIVISION (MARINE RESOURCE UNIT, INLAND FISH
MANAGEMENT SECTION); FISH PROGRAM REGIONS (FISH AND WILDLIFE
BIOLOGIST); HABITAT PROGRAM ENVIRONMENTAL SERVICES DIVISION; HABITAT
PROGRAM MAJOR PROJECTS DIVISION; AND HABITAT PROGRAM REGIONS, AS
WELL AS CONFIDENTIAL EMPLOYEES, INTERNAL AUDITORS, SUPERVISORS,
NON-SUPERVISORY WASHINGTON MANAGEMENT SERVICES EMPLOYEES (ON OR
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 be represented by the Washington Association of Fish and
Wildlife Professionals in its existing bargaining unit. A
secret ballot election has been conducted by 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 Project Fish Counters/Scientific
Technicians for a bargaining unit described as:
ALL NON-SUPERVISORY PERMANENT CIVIL SERVICE EMPLOYEES OF THE
DEPARTMENT OF FISH AND WILDLIFE, AS FOLLOWS: INCLUDING ALL
PERMANENT EMPLOYEES IN THE JOB CLASSES OF ENVIRONMENTAL
SPECIALIST 1, 2, AND 3, AND ENVIRONMENTAL SPECIALIST 4 AND 5 IN
THE FISH PROGRAM, AND ENVIRONMENTAL SPECIALIST 4 AND 5 IN THE
TECHNICAL APPLICATIONS PROGRAM (TAPPS); AND INCLUDING PERMANENT
AND PROJECT SEASONAL FISH COUNTERS/SCIENTIFIC TECHNICIANS IN
REGIONS 3 AND 5; MICROBIOLOGIST 2; FISH AND WILDLIFE BIOLOGIST
1, 2, 3, AND 4; FISH BIOMETRICIAN; FISH RESEARCH SCIENTIST 1
AND 2; RESEARCH ANALYST 1, 2, AND 3; AND SCIENTIFIC TECHNICIAN
1, 2, 3, AND 4, EXCLUDING ALL TEMPORARY, SEASONAL CAREER OR
PERMANENT EMPLOYEES IN THE WILDLIFE PROGRAM; IN THE FISH
PROGRAM SCIENCE DIVISION (INLAND FISH INVESTIGATIONS); FISH
PROGRAM MANAGEMENT DIVISION (MARINE RESOURCE UNIT, INLAND FISH
MANAGEMENT SECTION); FISH PROGRAM REGIONS (FISH AND WILDLIFE
BIOLOGIST); HABITAT PROGRAM ENVIRONMENTAL SERVICES DIVISION;
HABITAT PROGRAM MAJOR PROJECTS DIVISION; AND HABITAT PROGRAM
REGIONS, AS WELL AS CONFIDENTIAL EMPLOYEES, INTERNAL AUDITORS,
SUPERVISORS, NON-SUPERVISORY WASHINGTON MANAGEMENT SERVICES
EMPLOYEES (ON OR 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 41.80.
NOW, THEREFORE, it is
CERTIFIED
The Project Fish Counters 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 26th day of March, 2009.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
CATHLEEN CALLAHAN, Executive Director