Western Washington University, Decision 13678 (PECB, 2023)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

Amy Bowles, Attorney at Law, Douglas Drachler McKee & Gilbrough LLP, for the United Auto Workers Local 4121.

Rodney B. Younker, Attorney at Law, Summit Law Group PLLC, for Western Washington University.

Findings of Fact

1.                  The United Auto Workers Local 4121 (UAW Local 4121) filed a representation petition concerning employees of Western Washington University. The Public Employment Relations Commission (PERC) determined the petition was timely filed and accompanied by a sufficient showing of interest. No other organization claimed to represent the employees involved.

2.                  The bargaining unit is described as follows:

All employees enrolled in academic programs and employed by Western Washington University in the following classifications: (1) Graduate Teaching/Research Assistant; (2) Graduate Research Assistant; (3) Research Assistant; (4) Teaching Assistant; (5) Tutors, Reader and/or Grader in all academic units and tutoring centers; (6) Faculty Assistant; (7) Lab Assistant; and any other student employees whose duties and responsibilities are substantially equivalent to those employees in (1) – (7); excluding students who have no service expectancy imposed upon them by the employer, casual employees, confidential employees, supervisors, employees covered under chapter 41.76 RCW, employees included in any other bargaining unit, and all other employees.

3.                  PERC conducted an investigation conference where the parties disagreed about the eligibility of certain employees to be included in the bargaining unit. PERC determined that the eligibility issues would be resolved following the election.

4.                  PERC conducted election proceedings. The employees were given a free choice in the proceedings. The tally of results was provided to the parties and the eligibility issues do not affect the outcome of the election. No meritorious election objections were filed.

Conclusions of Law

1.                  The unit described in finding of fact 2 is an appropriate unit within the meaning of RCW 41.56.060.

2.                  Representation proceedings were conducted in accordance with RCW 41.56.070 and chapter 391‑25 WAC.

certification

1.                  Western Washington University employees in the bargaining unit described in finding of fact 2 have chosen

United Auto Workers Local 4121 (UAW Local 4121)

as their representative for the purpose of collective bargaining with their employer.

2.                  This case is remanded for further proceedings on the eligibility issues described in finding of fact 3.

ISSUED at Olympia, Washington, this  21st  day of June, 2023.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

Michael P. Sellars, Executive Director