South King Fire and Rescue, Decision 13692 (PECB, 2023)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
In the matter of the petition of: South King Fire & Rescue and International Association of Fire Fighters Local 2024 For clarification of an existing bargaining unit. |
CASE 136941-C-23 DECISION 13692 - PECB Order amending certification |
Ryan Herrera, Vice President, for the International Association of Fire Fighters Local 2024.
David Mataftin, Fire Chief, for South King Fire & Rescue.
On June 28, 2023, South King Fire & Rescue (employer) and the International Association of Fire Fighters Local 2024 (union) jointly filed a unit clarification petition under WAC 391-35-085 asking that the agency amend an existing bargaining unit certification to reflect a change in job title of certain employees in the bargaining unit. The union represents a bargaining unit of firefighters that is currently described as “All full-time uniformed employees as defined in RCW 41.26.030 above the rank of captain employed by South King Fire & Rescue, excluding the fire chief, division chiefs, assistant chiefs, confidential employees, and all other employees.” South King Fire & Rescue, Decision 13016 (PECB, 2019) (emphasis added). During the course of representation, the employer changed the titles for employees in the Division Chief job class. The employees in that job class are now in the “Deputy Chief” job class. The parties jointly state that the petition does not alter the configuration of the bargaining unit and that no question concerning representation is raised by the petition.
WAC 391-35-085 provides a process for an organization to petition for an amendment to an existing certification, stating:
A party may file a petition to amend an existing certification to reflect a minor change in circumstances, such as a change of an employee organization's name or an employer’s name, and the executive director may amend the certification if the amendment does not add or remove positions from the existing bargaining unit or change the bargaining unit’s configuration and there is no question concerning representation.
Here, the parties’ petition merely seeks to amend the existing certification to reflect changes to the Division Chief job class. The bargaining unit’s structure has not been altered, and no question concerning representation exists. The joint request for amendment is granted.
ORDER
1. The bargaining unit represented by the International Association of Fire Fighters Local 2024 and described in South King Fire & Rescue, Decision 13016 (PECB, 2019) is amended to read as follows:
All full-time uniformed employees as defined in RCW 41.26.030 above the rank of Captain employed by South King Fire & Rescue, excluding the Fire Chief, Division Chiefs, Assistant Chiefs, confidential employees, and all other employees.
2. The amendment to the certification issued in this proceeding does not give rise to a new “certification bar” year under RCW 41.80.080 or WAC 391-25-030(3).
ISSUED at Olympia, Washington, this 13th day of July, 2023.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
Michael P. Sellars, Executive Director
This order will be the final order of the
agency unless a notice of appeal is filed
with the Commission under WAC 391-35-210.