By Chris Casillas and Jordan L. Jones
In Central Washington University, PERC Examiner Slone-Gomez held that the University committed a ULP when it contracted out a roofing project without first providing notice to and an opportunity to bargain with the Maintenance Mechanics Union in violation of RCW 41.80.110(1)(a) and (e).
In this case, the University decided to go ahead and contract out a roofing project to a third party without providing notice to and an opportunity to bargain with the Union.
Examiner Slone-Gomez first found that the roofing project was consistent with work historically performed by the Maintenance Mechanics which made it a mandatory subject of bargaining and that there was duty to bargain on the part of the University. In finding that the University had a duty to bargain, Examiner Slone-Gomez noted that no evidence was provided to show that any non-bargaining unit personnel performed work on this roofing project prior to this instance. The project included removal of an existing roof, which was in line with the type of work performed by the unit, and that the failure to assign this project could deprive the Maintenance Mechanics of experience that may prevent future projects.
Examiner Slone-Gomez next pointed out that the University, instead of notifying the designated Union representative as outlined in the CBA, decided to talk directly with individual Union members before deciding to contract out the roofing project to a third party. In addition, Examiner Slone-Gomez found that the University failed to contact the Union 21-days prior to contracting with a third party to perform the roofing work.
[T]he contract requires the employer to notify the Chief Union Steward, which the employer failed to do [and the] . . . roof project was contracted out and completed before the end of September 2013, well before the 21-day period outlined in the contract.
Examiner Slone-Gomez held that the roofing project was a mandatory subject of bargaining and when the University contracted out the project, without providing adequate notice to and opportunity to bargain with the Union, it committed a ULP.
