DECISION 9880-A (PSRA)

Issue 1: Is the union’s unit clarification petition appropriate under the established statutory criteria of chapter 41.80.RCW?

Issue 2: If the union’s unit clarification petition does not conform with the statutory criteria of Chapter 41.80 RCW, did Laws of 2006, ch. 265, create a statutory exception that directed this Commission to create a new bargaining unit of previously represented and unrepresented employees in the Department of Early Learning that the union would continue to represent to preserve employees’ representation status?

The Commission finds that the union’s unit clarification petitions are not appropriate under Chapter 41.80 RCW. The Commission also agrees with the Executive Director’s decision that Laws of 2006, ch. 265, did not create an exception to the unit clarification criteria. Accordingly, the Commission affirms the Executive Director’s order dismissing the union’s unit clarification petitions.

Chairperson Glenn-Sayan dissented, and would apply the historical interpretation of section 504 as explained and understood by both the employer and union to these proceeding.

For the full decision, click here.

By: Pamela G. Bradburn, Commissioner
Douglas G. Mooney, Commissioner
March 12, 2008

Cases 20605-C-06-1282 and 20606-C-06-1283

ERC/DDR