DECISIONS

University of Washington, Decision 11083 (PSRA, 2011)

 

 

STATE OF WASHINGTON

 

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

 

 

In the matter of the petition of:   SERVICE employees international union, local 925   For clarification of an existing bargaining unit of employees of:   university of washington

CASE 23389-C-10-1434   DECISION 11083 - PSRA     ORDER CLARIFYING BARGAINING UNIT

 

 

Douglas Drachler McKee, by Martha Barron, Attorney at Law, for the union.

 

Attorney General Robert M. McKenna, by Mark K. Yamashita, Assistant Attorney General, for the employer.

 

 

On July 21, 2010, the Service Employees International Union, Local 925 (SEIU) filed a unit clarification petition under Chapter 391-35 WAC concerning clarification of certain classifications employed by the University of Washington (employer) that SEIU believed should be included in its existing bargaining unit certified as University of Washington, Decision 8392-B (PSRA, 2004).  Hearing Officer Emily Martin held a prehearing conference on September 27, 2010. 

 

Specifically, SEIU sought to include the following classifications in its bargaining unit: Cardiac Sonographer 2, Cardiac Sonographer Lead, Pharmacy Technician, Respiratory Care Specialist, Vascular Technologist, and Vascular Technologist Lead.^[1]  During the course of the proceedings, the parties stipulated that these classifications are appropriately included in the bargaining unit because it is the only appropriate unit for inclusion and no other labor organization sought to represent them.

 

The Washington Federation of State Employees (WFSE) also represents certain employees at the University of Washington.  After several meetings, the parties found that identifying employees included in the existing SEIU bargaining unit proved to be a very difficult and time consuming task.  It became clear that the generic description the Commission has used in the past to describe bargaining units does not work where two unions have bargaining units representing similar job classifications in the same or different locations.  Further, it was apparent that the unit description should be modified to describe the specific classifications represented by SEIU, in order to distinguish them from classifications represented by WFSE in its bargaining units.  On June 8, 2011, the employer and SEIU filed written stipulations regarding the bargaining unit represented by SEIU.

 

ISSUE

 

Should the parties’ stipulations to clarify its existing bargaining and modify the bargaining unit description be accepted?

 

The Executive Director accepts the parties’ stipulation and modifies the existing bargaining unit with the inclusion of the stipulated positions into the existing bargaining unit represented by SEIU.

 

APPLICABLE LEGAL PRINCIPLES

 

The unit clarification proceedings regulated by Chapter 391-35 WAC authorize parties who have existing bargaining relationships to resolve ambiguities concerning the scope of their relationship.  Unit clarification proceedings function, in part, to protect the work jurisdiction of the exclusive bargaining representative.  The bargaining relationship between the employer and the union is regulated by the Personnel System Reform Act (PSRA) of 2002, Chapter 41.80 RCW.  The determination of appropriate bargaining units under the statute is a function delegated by the Legislature to the Public Employment Relation Commission.  RCW 41.80.070(1) states, in part:

 

The commission, after hearing upon reasonable notice to all interested parties, shall decide, in each application for certification as an exclusive bargaining representative, the unit appropriate for certification.  In determining the new units or modifications of existing units, the commission shall consider:  The duties, skills, working conditions of the employees; the history of collective bargaining; the extent of organization among the employees; the desires of the employees; and the avoidance of excessive fragmentation.

 

 

RCW 41.80.070 transferred the authority to determine and modify appropriate bargaining units of state civil service employees to the Commission, and promulgated a new set of unit determination criteria that included “avoidance of excessive fragmentation” in RCW 41.80.070(1).

 

ANALYSIS

 

The Commission can dispense with a hearing when the parties submit stipulations that do not contravene the statute of rule.  State – Liquor Control, Decision 8787 (PSRA, 2004).  The stipulations filed by the parties have been examined, and no other facts have been discovered or brought to the attention of the Executive Director which call into question the inclusion of the stipulated positions into the existing bargaining unit represented by SEIU.

 

WAC 391-35-020(4)(b) states:

 

Employees or positions may be added to an existing bargaining unit in a unit clarification proceeding: (b) Where the existing bargaining unit is the only appropriate unit for the employees or positions.

 

The parties stipulated that the agreed upon classifications are appropriately included in the existing SEIU bargaining unit because it is the only appropriate unit for inclusion and no other labor organization seeks to represent them.

 

 CONCLUSION

 

The Executive Director finds that the stipulations filed by the parties are sufficient to constitute a basis for a ruling, and nothing has come to the attention of the Commission staff or Executive Director that contradicts the propriety of the clarification requested by SEIU.  The Executive Director accepts the parties’ stipulation and modifies the existing bargaining unit description to clearly set forth those classifications represented by SEIU.  The parties have waived their right to appeal this matter to the Commission.

 

FINDINGS OF FACT

 

1.                  The University of Washington is a state institution of higher education within the meaning of RCW 41.80.005(10).

 

2.                  The Service Employees International Union, Local 925 is an employee organization within the meaning of RCW 41.80.005(7).

 

3.                  The parties stipulated to modify the existing bargaining unit description to clearly set forth the classifications included in the Service Employees International Union’s Local 925 bargaining unit.

 

4.                  No other facts have been discovered or brought to the attention of the Executive Director that call into question the propriety of the bargaining unit.

 

 

CONCLUSIONS OF LAW

 

1.                  The Public Employment Relations Commission has jurisdiction in this matter under Chapter 41.80 RCW and Chapter 391-35 WAC.

 

2.                  The stipulations filed by the parties have been examined, and no other facts have been discovered or brought to the attention of the Executive Director which call into question the inclusion of the stipulated positions into the existing bargaining unit represented by the Service Employees International Union, Local 925.

 

3.                  The parties stipulated to modify the existing bargaining unit description to clearly set forth the classifications included in the bargaining unit represented by the Service Employees International Union, Local 925.

ORDER

 

The existing bargaining unit shall be modified as follows:

 

All full-time and regular part-time employees employed by the University of Washington as follows:

 

Department of Laboratory Medicine in the following classifications:

 

Clinical Laboratory Technician 1, 2, Lead

Clinical Technologist 1, 2, Lead 

Phlebotomist

Phlebotomist Lead

Specimen Processing Technician – excluding those working at Harborview Medical Center

Specimen Processing Technician Lead – excluding those working at Harborview Medical Center

 

University of Washington Medical Center (UWMC), all clinics operated by UWMC, School of Dentistry and School of Medicine in the following classifications:

 

Anatomic Pathology Technician

Anatomic Pathology Technologist

Anatomic Pathology Technician Trainee

Anesthesiology Technician 1, 2

Cardiac Monitor Technician

Cardiac Sonographer 1, 2, Lead

Cardiac Sonographer Specialist

Clinic Cytogenetic Technologist

Clinic Cytogenetic Technologist Trainee

Clinic Cytogenetic Technologist Specialist

Clinic Laboratory Technician 1, 2, Lead

Clinical Technologist 1, 2, Lead

Dental Hygienist (School of Dentistry)

Dental Laboratory Technician 3 (School of Dentistry)

Diagnostic Medical Sonographer

Diagnostic Medical Sonographer Lead

Diagnostic Medical Sonographer Specialist

Electrocardiograph Technician 1, 2, Lead

Electroneurodiagnostic Technologist 1, 2, 3

Gastric Surgery Technician

Imaging Technologist Trainee

Imaging Technologist

Imaging Technologist Lead

Imaging Technologist – Angiography

Imaging Technologist – Comp Tomo

Imaging Technologist – Mag Res Imaging

Imaging Technologist – Mammo

Imaging Technologist – Education QA

Nuclear Med P.E.T. Technician

Nuclear Med Technologist 1, 2, Lead

OB Technologist

Occupational Therapy Assistant 1, 2

Oral Maxillo Facial Surgery Technician

Ophthalmic Technician 3

Orthopaedic Technician 1, 2

Pharmacy Technician

Pharmacy Technician 1, 2, Lead

Physical Therapy Assistant 1, 2

Pulmonary Function Technologist 1, 2, Lead

Radiation Therapy Dosimetrist

Radiation Therapy Specialist

Radiation Therapy Technologist

Radiation Therapy Technologist Lead

Respiratory Care Assistant

Respiratory Care Lead

Respiratory Care Practitioner

Respiratory Care Specialist

Social Work Assistant, 1, 2

Specimen Processing Technician

Specimen Processing Technician Lead

Surgical Technologist

Therapeutic Recreator 1, 2

Vascular Technologist

Vascular Technologist Lead

 

Harborview Eye Institute located at Harborview Medical Center in the following classification:

 

Ophthalmic Technician 3,

Excluding supervisors, confidential employees, and all other employees.

 

 

ISSUED at Olympia, Washington, this  22nd  day of June, 2011.

 

 

PUBLIC EMPLOYMENT RELATIONS COMMISSION

 

 

 

                                                CATHLEEN CALLAHAN, Executive Director