Washington State Human Rights Commission, Decision 13923 (PSRA, 2024)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

Herb Harris, Manager of PERC Activities, for the Washington Federation of State Employees.

Amee J. Tilger, Assistant Attorney General, Attorney General Robert W. Ferguson, for the Washington State Human Rights Commission.

Findings of Fact

1.                  The Washington Federation of State Employees filed a representation petition concerning the remaining unrepresented classified employees at the Washington State Human Rights Commission. 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 existing bargaining unit, last certified in 1991 by the Washington State Personnel Board in RU-243, represented by the Washington Federation of State Employees is described as follows:

Included: All employees of the Human Rights Commission in the following classifications:

Field Representative 1 – HRC

Field Representative 2 – HRC

Field Representative 3 – HRC

Human Rights Specialist

Excluded: All other employees, including temporary and intermittent personnel.

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 card check.

4.                  Because the more than 50 percent showing of interest threshold was met, PERC conducted card check 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 card check. No meritorious election objections were filed.

5.                  The existing bargaining unit represented by the Washington Federation of State Employees shall be modified to include the remaining unrepresented classified employees for a bargaining unit described as follows:

All civil service employees of the Human Rights Commission, excluding confidential employees, supervisor, WMS employees, Internal Auditors, and employees in other bargaining units.

Conclusions of Law

1.                  The unit described in finding of fact 5 is an appropriate unit within the meaning of. RCW 41.80.070

2.                  Representation proceedings were conducted in accordance with RCW 41.80.135 and chapter 391‑25 WAC.

certification

1.                  The remaining unrepresented employees in the Washington State Human Rights Commission in the bargaining unit described in finding of fact 5 have chosen

washington federation of state employees

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  5th  day of August, 2024.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

Michael P. Sellars, Executive Director