DECISION 9975 (PSRA)

Issue: The sole issue before this Commission is whether the WAFWP illegally implied to voters that it and the employer had agreed to jointly seek reclassification and a resulting pay increase, thus creating the appearance that the WAFWP and the employer had already bargained on behalf of bargaining unit members in violation of WAC 391-25-140(3) and WAC 391-25-470(1).

We find that the WAFWP interfered with the election process in violation of WAC 391-25-470(1), but the employer's conduct did not violate WAC 391-25-140(3) or WAC 391-25-470(1). Accordingly, we vacate the representation election and remand this case to the Executive Director for further processing.

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By: Marilyn Glenn Sayan, Chairperson
Pamela G. Bradburn, Commissioner
Douglas G. Mooney, Commissioner
February 13, 2008

Lawrence R. Schwerin, for the Washington Public Employees Association.
Tina Peterson, for the employer.
Rhonda J. Fenrich, for the Washington Association of Fish and Wildlife Professionals.

Case 21001-E-07-3246

ERC/DDR