Archives for November 2014

November 7, 2014 by

PERC finds Deputy Sheriff’s Association Bargained Regressively on Eve of Interest Arbitration

By Therese Norton

MaliceBoth employer and union can violate their good faith bargaining obligations under the state collective bargaining laws when one party advances proposals prior to interest arbitration that are regressive from proposals made earlier in negotiations. In Spokane County (Spokane County Deputy Sheriff’s Association), PERC Examiner Stephen W. Irvin found, and the Commission affirmed, that the Spokane County Deputy Sheriff’s Association breached its good faith bargaining obligations by submitting a regressive wage proposal after impasse and shortly before the parties’ scheduled interest arbitration hearing.

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Filed Under: Bad Faith Bargaining
November 3, 2014 by

Court Issues a Mixed Ruling on Kitsap County Deputy Fire Marshal’s USERRA Claims

By Jordan L. Jones

sad happyIn Hanson v. Cnty. of Kitsap, the court held that a Kitsap County Deputy Fire Marshal’s claims under the Uniformed Services Employment and Reemployment Rights Act (USERRA) relating to (1) reemployment, (2) benefits, (3) hostile work environment, and (4) constructive discharge should be dismissed under summary judgment. The court also held that the “[p]laintiff’s motion for summary judgment on his USERRA claim under § 4318 (pension) should be granted . . . . [T]he § 4311 USERRA claim and WLAD [i.e., Washington Law Against Discrimination] claim (to the extent they are based on the failure to promote him and his removal from the fire investigation rotation) and his USERRA claim under § 4316 (without cause discharge), is very thin, but is sufficient to allow to proceed on those claims.”

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Filed Under: Employment Discrimination