DECISION 9989 (PSRA)

Issue 1: Were the unit clarification petitions timely filed with the Commission?

Issue 2: Are employees who work more than 350 hours in any 12 consecutive month period, who the employer calls “temporary,” regular part-time employees under Commission rules and thus included in the existing bargaining units?

The petitions were filed in a timely manner. The union met the conditions outlined in WAC 391-35-020(2)(a). First, during contract negotiations the union properly put the employer on notice that it believed the existing unit descriptions included employees who worked more than one-sixth time and would file a petition with the Commission. Specifically, the union filed both petitions prior to signing the collective bargaining agreements.

The fact that an employer calls an employee “temporary”, does not preclude the Commission from finding that the employee is a regular-part time employee for the purpose of unit placement. The petitioner-for employees, who have worked more than 350 hours in the last twelve month period, meet the standards outlined in WAC 391-35-356 and WAC 357-04-045, and are regular part-time employees included in the same bargaining units with full-time employees who perform similar work.

For the full decision, click here.

By: Cathleen Callahan, Executive Director
February 28, 2008

Eric T. Nordlof, for the union.
Rodney B. Younker and Wendy Bohlke for the employer.

Cases 20669-C-1237, 20670-C-06-1287

JJB, KXE