Washington Labor and Employment Blog
The latest case law and legal developments in Washington labor & employment law.
By Therese Norton
In Seattle School District, PERC Examiner Emily Whitney dismissed a discrimination complaint brought by the Seattle/King County Building and Construction Trades Council against the Seattle School District. The Trades Council had alleged that the School District discriminated against a foreperson in the sheet metal shop when it demoted him after laying off two other staff members.
By Therese Norton
In Seattle Community College, the American Federation of Teachers, Local 1789 alleged that the College committed a refusal to bargain violation when it unilaterally changed which online Learning Management System (LMS) it used without an opportunity to bargain the decision or the effects of the decision. PERC Examiner Casey King concluded that the decision to change the technology was not a mandatory subject of bargaining and that the College had sufficiently bargained the effects of its decision.
By Therese Norton
In Port of Seattle, the Public Employee Relations Commission affirmed Examiner Martin’s ruling that the Port of Seattle did not discriminate against a shop steward when a supervisor “coached” him in his duties. Decision 11848-A (PECB, 2014). The Commission also affirmed Examiner Martin’s ruling that the Port of Seattle did not interfere with the shop steward’s collective bargaining rights through statements made by his supervisor.
By Emily Nelson
In Brownfield v. City of Yakima, the Washington Court of Appeals, Division III, found that Yakima police officer Oscar Brownfield, fired for insubordination in 2007, failed to support his claim that he was actually fired because of a disability. The Court held that his refusal to submit to a fitness for duty examination, not the disability that led to the examination requested was the proximate cause of the discharge.
By Therese Norton
In State – Corrections, PERC Examiner Emily Whitney dismissed a discrimination and interference complaint brought by the Teamsters Local 117 against the Washington State Department of Corrections. Decision 12002 (PSRA, 2014). The Teamsters alleged that the Department discriminated against a corrections sergeant who had previously testified in a separate PERC unfair labor practice hearing by investigating him regarding the distribution of a “sensitive” video and by denying him a promotional opportunity. Separately, the Teamsters alleged that the Department made statements that interfered with the collective bargaining rights of a unit member and shop steward.
