Washington State Language Access Providers, Decision 13344-D (PECB, 2023)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

Nicholas E.D. Power, Attorney at Law, The Law Office of Nicholas Power, PLLC, for WA INTERPRETERS.

Cheryl L. Wolfe, Senior Counsel, and M. Kate Garcia, Assistant Attorney General, Attorney General Robert W. Ferguson, for the Washington State Language Access Providers.

Findings of Fact

1.                  WA Interpreters filed a representation petition concerning employees of the Washington State Language Access Providers. The Public Employment Relations Commission (PERC) determined the petition was timely filed and accompanied by a sufficient showing of interest.

2.                  The Washington Federation of State Employees timely moved for intervention in the proceedings, and each motion for intervention was supported by a showing of interest which was administratively determined by PERC to be sufficient.

3.                  The bargaining unit is described as follows:

All language access providers who are persons defined, in accordance with RCW 41.56.030, as any independent contractor who provides spoken language interpreter services for Department of Labor and Industries authorized medical and vocational providers who provided these services on or after January 1, 2019, whether paid by a broker, language access agency, or the Department of Labor and Industries, or in accordance with RCW 39.26.300, with the Department of Labor and Industries purchasing services directly from language access providers or through limited contracts with scheduling and coordinating delivery organizations, or both.

4.                  PERC conducted election proceedings. The employees were given a free choice in the proceedings. The tally of results was provided to the parties. No meritorious election objections were filed.

Conclusions of Law

1.                  The unit described in finding of fact 3 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

Washington State Language Access Providers employees in the bargaining unit described in finding of fact 3 have chosen

WASHINGTON FEDERATION OF STATE EMPLOYEES

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

ISSUED at Olympia, Washington, this  14th  day of September, 2023.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

Michael P. Sellars, Executive Director