Search Results for: Bad Faith

Melting Snowflakes: PERC Hearing Examiner holds that Union Rep’s Abusive Outbursts Crossed the Line into Bad Faith Bargaining

By Jim Cline and Stephen Hatton

In Ben Franklin Transit, Hearing Examiner Dario De La Rosa found that a Teamsters Union Representative had engaged in bad faith bargaining because of his hostile, discriminatory, and abusive conduct at the bargaining table.

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PERC Reverses Examiner, Holds Kitsap County Did Not Bargain In Bad Faith

By Chris Casillas and Sarah Derry

procurement rulesIn Kitsap County, PERC overturned Examiner Ramerman’s decision that Kitsap County engaged in bad faith bargaining.  The Commission considered two separate issues: (1) whether to consider Kitsap County’s brief even though it was submitted late; and (2) whether Kitsap County breached its duty to bargain in good faith with the Juvenile Detention Officers’ Guild. On the first issue, the Commission refused to consider the employer’s late brief, emphasizing that its procedural rules are to be followed in every case.  PERC characterized the late-filing as acting “in complete disregard of our procedural rules” and that it had “previously cautioned the employer that it disregards the Commission’s rules at its own peril.”

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PERC Reverses Examiner and Finds WSU Engaged in Bad Faith Bargaining with Roofers Union

By Therese Norton

In Washington State University, the Public Employment Relations Commission upheld an appeal by a union that WSU committed an unfair labor practice, reversing the Hearing Examiner. The union alleged that WSU unlawfully contracted out a roof repair project and breached its good faith bargaining obligation in the manner in which the employer invoked a contractual time limit for bargaining. With one Commissioner absent, the divided remaining two commissioners were split on the “skimming” charge, so the Examiner decision that no skimming occurred stands.  But, the Commission determined that 13 other pending bargaining demands were improperly ignored by WSU.

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PERC Examiner Finds No Bad Faith in AFSCME’s Bargaining with Clallam County

By Therese Norton

In Clallam CountyPERC Examiner Emily K. Whitney found that the Washington State Council of County and City Employees AFSCME Locals (unions) did not breach their obligation to bargain in good faith with the employer Clallam County.  The employer alleged that the unions refused to reform a mutual mistake to memorandums of agreements (MOAs), excluded the employer’s bargaining representative from the bargaining process and refused to provide relevant information. Clallam County, Decisions 11829 and 11830 (PECB, 2013).

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PERC Holds that Kitsap County Failed to Bargain in Good Faith After it “Effectively Hamstrung” Employer Representatives with Insufficient Authority at the Bargaining Table

By Chris Casillas and Jordan L. Jones

kitsap hogtiedIn Kitsap County, PERC Examiner Dianne Ramerman held that the Employer “failed to bargain in good faith and committed a ULP in violation of RCW 41.56.140(4) and derivatively interfered with employee rights in violation of RCW 41.56.140(1).” Examiner Ramerman found that Kitsap County’s “representatives at the table [with the Kitsap County Juvenile Detention Officers’ Guild] did not have sufficient authority to engage in meaningful bargaining.” Specifically, Examiner Ramerman found that Kitsap County’s representatives at the table were:

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Your Union Rep May Be Incompetent… But That’s Not Enough to Sue

By Jim Cline and Peter Haller

In Washington State Department of Children, Youth, and Families, a PERC Examiner dismissed a complaint alleging AFSCME breach of its duty of fair representation (DFR) when failed to facilitate a request for information. The Examiner reasoned that the failure was due to a mistake in interpreting the nature of the request, as thus, was mere negligence and not unlawful union interference.

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Benton County CO CC’d Union on Email Is Not the Same as Seeking Union Assistance, Rules PERC Examiner

By Jim Cline and Peter Haller

In Hubert Gilmore v Teamsters 839, a Benton County corrections officer filed a ULP complaint against his Union alleging that it breached its duty of fair representation when it declined to pursue a grievance related to a newly adopted agreement that affected shift hours. Examiner Leonard of PERC dismissed the complaint because the corrections officer failed to ever seek Union assistance on the matter.

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PERC Examiner Holds No Breach of Duty of Fair Representation by King County Metro in Withdrawing Grievances

By Jim Cline and Abagail Klonsinski

In King County Metro, Examiner Todd granted summary judgment for the Union, finding that the Union did not breach their duty of fair representation (DFR) when it withdrew his grievance from arbitration. The Complainant ultimately failed to produce evidence which showed the Union had acted in an arbitrary manner or bad faith when making their decision, so summary judgment was appropriate in favor of the Union.

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PERC Rejects Unions’ Complaint That County’s “Open Meeting” Contract Negotiations Rule Is An Unfair Labor Practice

By Chris Casillas and Sarah E. Derry

In Lincoln County, PERC Unfair Labor Practice Manager Jessica Bradley dismissed a complaint, brought by Teamsters Local 690 on behalf of two unions, which challenged the County’s new open meetings rule. The policy applies Washington’s Open Public Meetings Act to collective bargaining negotiations between the County and public sector unions.

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PERC Examiner Holds Employer Unlawfully Circumvented the Union When It Negotiated Directly With Employees Over Hours of Work

By: Chris Casillas and Sarah E. Derry

In Skagit Regional Health, PERC Examiner Emily K. Whitney held that the employer, which operates a cancer care clinic in Mount Vernon, Washington, improperly circumvented the union when it met with employees to discuss changing their work hours, rather than bargaining the change through the union.

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