Pierce County, Decision 10225 (PECB, 2008)

On November 17, 2008, Teamsters, Local 117 (union) filed a motion seeking discretionary review under WAC 391-25-390(4) of a decision of the Executive Director to not dismiss a representation petition filed by Janelle Holdbrook (Holdbrook) based upon her failure to create a certificate of service as required by WAC 391-08-120(4). For the reasons set forth below, we deny the union’s motion, and remand processing of this case to Executive Director Cathleen Callahan for further proceedings.

DISCUSSION

On October 9, 2008, Holdbrook filed a petition seeking to decertify the union as the exclusive bargaining representative of clerical employees at the Pierce County Sheriff’s Department (employer). On November 4, 2008, Representation Coordinator Sally Iverson held an investigation conference where the union sought dismissal of the petition for lack of proper service. Iverson granted Holdbrook ten days to provide proof of service.

On November 5, 2008, Holdbrook filed three receipts demonstrating that she sent copies of her petition via United State Postal Service certified mail to this agency, the union, and the employer. On November 10, 2008, the Executive Director issued a letter denying the union’s motion to dismiss the case. The union now seeks discretionary review of that decision.

The certified mailing receipt provided by Holdbrook indicates that Patrick Harbright signed for delivery of the petition on October 9, 2008, at the union’s business address. The union does not dispute that it received a copy of Holdbrook’s petition. Rather, the union argues that Holdbrook’s petition must be dismissed because she failed to create a certificate of service on the same day that served the parties with her petition. We disagree that under the facts of this case, dismissal of the petition is warranted.

The Service Requirement

WAC 391-25-050 requires parties filing representation petitions to serve copies of the petition on each employee organization having an interest in the proceeding according to the service requirements found in WAC 391-08-120(3) and (4). The purpose for the service requirements is to ensure that parties receive contemporaneous notice of the case. Under WAC 391-08-120(5), if sufficiency of service is contested, then the certificate of service created under WAC 391-08-120(4) shall constitute proof of service.

While the certificate of service created under WAC 391-08-120(4) provides one method for demonstrating that a party has properly served a filed document on all necessary parties, it does not provide the only means for doing so. The purpose for our filing and service rule is to ensure that all parties receive sufficient contemporaneous notice of the case filing.

We agree with the union that Holdbrook has not technically complied with WAC 391-08-120(4) by creating a certificate of service on the day she mailed her petition. Nevertheless, the union has not claimed that it has been prejudiced by this oversight. As such, we use our authority under WAC 391-08-003 to waive the WAC 391-08-120(4) certificate of service requirement because Holdbrook’s use of the certified mail process provided by the United States Postal Service affirmatively demonstrates that she did in fact serve the union with a copy of her petition.

NOW, THEREFORE, it is

ORDERED

The Motion for Discretionary Review filed by Teamsters, Local 117 is DENIED and the above-captioned case is remanded to the Executive Director for further processing.

Issued at Olympia, Washington, the 20^th day of November, 2008.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARILYN GLENN SAYAN, Chairperson

[SIGNED]

PAMELA G. BRADBURN, Commissioner

[SIGNED]

THOMAS W. McLANE, Commissioner