February 25, 2015 by

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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Filed Under: Bad Faith Bargaining, Duty to Bargain
February 20, 2015 by

PERC Holds that Pierce County Did Not Discriminate Against a Sergeant for his Union Activity and Dismissed an Interference Claim for Being Untimely Filed

By Chris Casillas and Jordan L. Jones

wolf_in_sheeps_clothing_drawingIn Pierce County, PERC Examiner Lisa A. Hartrich held that the Employer did not commit an unfair labor practice (ULP). Examiner Hartrich stated that the Union did not make a prima facie case for their discrimination claim and that the interference allegations were untimely filed.

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Filed Under: Discrimination and Retaliation, Weingarten Rights
February 18, 2015 by

PERC Holds that Spokane County Did Not Interfere With Employee Rights Nor Dominate or Assist the Union in Violation of RCW 41.56.140(1) and (2)

By Chris Casillas and Jordan L. Jones

threatIn Spokane County, PERC Examiner Dianne Ramerman held that Spokane County Sheriff Ozzie Knezovich did not interfere nor dominate or assist the Spokane County Deputy Sheriff’s Association when he sent an e-mail to the Union.

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Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
February 18, 2015 by

PERC Holds that the Port of Anacortes Did Not Unilaterally Change a Past Practice Nor Discriminate Against an Employee When It Discontinued His Light Duty Assignment

By Chris Casillas and Jordan L. Jones

gg58789833In Port of Anacortes, PERC Examiner Jamie L. Siegel held that the Port did not unilaterally change a past practice when it ended maintenance mechanic David Bost’s light duty assignment. Examiner Siegel also found that the Port did not discriminate against Mr. Bost for union activity when it ended his light duty assignment.

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Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
January 27, 2015 by

PERC Holds that the Seattle School District Refused to Bargain in Good Faith by Failing to Timely Provide Relevant Information Requested by the Union

 By Christopher Casillas and Jordan L. Jones

JAsIn  Seattle School District, PERC Examiner Ramerman held that the Employer refused to bargain in good faith by failing to timely provide relevant information requested by the International Union of Operating Engineers in violation of RCW 41.56.140(1) and (4). Examiner Ramerman noted that “although the [E]mployer acknowledged the [Union’s information] request two weeks after the request was made, the [E]mployer ‘dropped the ball’ and took no additional action for approximately five weeks from late August 2013 until early October 2013.”

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Filed Under: Duty to Provide Information
January 22, 2015 by

PERC Dismisses ULP Complaint Filed Against the Port of Anacortes for Unilaterally Changing the Health Insurance Benefits of the Union Because of Business Necessity

By Christopher Casillas and Jordan L. Jones

health_insurance_signIn Port of Anacortes, PERC Examiner Page Garcia dismissed an unfair labor practice (ULP) complaint filed against the Port of Anacortes for unilaterally changing the health insurance benefits of Union members. Examiner Garcia found that although the Port of Anacortes had “failed to maintain the status quo by changing the health insurance benefits offered to bargaining unit employees” and had “presented the change in health insurance benefits as a fait accompli”, the Employer “met its burden of proof to support its defense of business necessity.”

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Filed Under: Duty to Bargain
December 29, 2014 by

Washington Supreme Court Reverses Court Of Appeals’ Ruling Granting Summary Judgment To Clark College On An Instructor’s Age Discrimination Claim Under WLAD

By Erica Shelley Nelson and Jordan L. Jones

Age DiscriminationIn Scrivener v. Clark Coll., the Washington Supreme Court reversed the Court of Appeals’ ruling granting summary judgment to Clark College on an instructor’s age discrimination claim under Washington’s Law Against Discrimination (WLAD). The Court held that the 55-year-old Plaintiff, who had applied for a tenure-track teaching position at the college, had:

[P]resented sufficient evidence to create a genuine issue of material fact either (1) that Clark College’s articulated reason [for not hiring her] was a pretext or (2) that although the reason is legitimate, age was a substantial motivating factor in Clark College’s decision not to hire . . . [the Plaintiff].

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Filed Under: Age Discrimination
December 17, 2014 by

Washington Supreme Court Holds that DSHS Violated the Implied Duty of Good Faith and Fair Dealing in its Contracts with In-Home Care Providers

By Erica Shelley Nelson and Jordan L. Jones

in-home-health-careIn Rekhter v. Wash. Social & Health Servs. Dep’t, the Washington Supreme Court (WASC) upheld a jury finding that the Department of Social and Health Services (DSHS or State) violated the implied duty of good faith and fair dealing in its contracts with in-home care providers (providers). The WASC also held that the trial judge correctly granted summary judgment to DSHS on the providers’ claims that the State (1) wrongfully withheld wages in violation of RCW 49.52.050 and .070 and (2) failed to pay the providers for all hours worked, in violation of the Washington Minimum Wage Act (MWA).

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Filed Under: Wage and Hour Cases
December 11, 2014 by

The Washington Supreme Court Holds That A Trial Court Improperly Granted Summary Judgment and Dismissed Plaintiffs’ Wage Claims

By Erica Shelley Nelson and Jordan L. Jones

minimum-wage_300x300In Becerra Becerra v. Expert Janitorial, LLC, the Washington Supreme Court (WASC) held that a trial court improperly granted summary judgment to Fred Meyer on the issue of “joint employers” and remanded for further proceedings. The WASC stated that “[s]imply put, we find the trial court did not consider all the relevant factors at summary judgment or sufficiently identify why it deemed certain factors to be not relevant.”

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Filed Under: Wage and Hour Cases
December 11, 2014 by

Court Denies Boeing’s Summary Judgment Motion Against Former Employee For FMLA, WFMLA, and WLAD Claims

By Erica Shelley Nelson and Jordan L. Jones 

fmla 2In Alexander v. Boeing Co., the U.S. District Court, Western District of Washington denied defendant Boeing’s motion for summary judgment. The court found that there were genuine disputes of material fact regarding the plaintiff’s claims that Boeing violated the Family and Medical Leave Act (FMLA), the Washington Family Medical Leave Act (WFMLA), and the Washington Law Against Discrimination (WLAD) when they terminated her employment.

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Filed Under: Employment Discrimination
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