Puyallup School District, Decision 12730-A (PECB, 2017)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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In the matter of the petition of:
public school employees of washington
For clarification of an existing bargaining unit of employees of:
puyallup school district
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CASE 128480-C-16
DECISION 12730-A - PECB
DECISION OF COMMISSION
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Jason K. MacKay, Assistant General Counsel, for the Public School Employees of Washington.
Charles W. Lind, Attorney at Law, Patterson Buchanan Fobes & Leitch, Inc., P.S., for the Puyallup School District.
On October 10, 2016, the Public School Employees of Washington (union) filed a unit clarification petition seeking to include four supervisory positions in the bargaining unit. The Puyallup School District (employer) asserted the positions were supervisors. After a hearing, the Executive Director concluded that the four positions were not supervisors and clarified the bargaining unit to include the four positions. Puyallup School District, Decision 12730 (PECB, 2017). The employer appealed.
The Commission reviews conclusions and applications of law, as well as interpretations of statutes, de novo. We review findings of fact to determine if they are supported by substantial evidence and, if so, whether those findings in turn support the Executive Director’s conclusions of law. City of Bellingham, Decision 7322-B (PECB, 2002). Substantial evidence exists if the record contains evidence of a sufficient quantity to persuade a fair-minded, rational person of the truth of the declared premise. Id.
We have reviewed the record, including the transcripts, the exhibits, and the parties’ briefs. In the decision, the Executive Director found that the Accountant II provided input on evaluations, but did not complete evaluations herself. The record does not support this finding. The Accountant II evaluated the Business Service Specialist Assistant. Additionally, the Accountant II provided input on the evaluation of two other employees. These facts were not included in the Executive Director’s formal findings of fact. Considering this evidence, we still conclude the Accountant II is not a supervisor. Substantial evidence supports the Executive Director’s findings of fact, which in turn support the Executive Director’s conclusion of law. We affirm the Executive Director, the four positions are not supervisors and are included in the bargaining unit.
ORDER
We AFFIRM and adopt the Executive Director’s Findings of Fact, Conclusions of Law, and Order.
ISSUED at Olympia, Washington, this 19th day of September, 2017.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MARILYN GLENN SAYAN, Chairperson
MARK E. BRENNAN, Commissioner
MARK BUSTO, Commissioner