December 2, 2014 by

PERC Reverses Examiner on Triggering Event for Skimming Allegation

By Chris Casillas and Therese Norton

dominoeA ‘triggering event’ signals important deadlines for filing unfair labor practice complaints or else a party may risk losing the opportunity to file a complaint with the Public Employee Relations Commission (PERC). In Lake Washington School District, the Commission found that the Examiner Page A. Garcia erred in dismissing the IBEW Local 46’s skimming complaint as untimely and beyond the statute of limitations. The Commission explained that, in a skimming case, the triggering event for the statute of limitations is when bargaining unit work is assigned to non-bargaining unit employees, and not when the union receives notice of the employer’s intent to transfer the work, as the Examiner had concluded.

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Filed Under: Duty to Bargain
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
October 30, 2014 by

State Supreme Court Holds Oral Argument on Kitsap Retroactive Insurance Case

By Jim Cline

healthcare costsAs we indicated in an earlier blog, the State Supreme Court has accepted review of the Kitsap County retroactive insurance case.  The issues in the case involve whether an employer can retroactively increase health insurance premiums and whether they may also deduct the amount needed to cover the increased premiums from the employee’s paychecks without employee consent.  Our previous blog provides a detailed review of the legal issues before the Court.

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Filed Under: Constitutional Rights, Wage and Hour Cases
October 27, 2014 by

New York Federal Court Holds That Corrections Officer Waived Any Right To A Pre-Termination Hearing By Signing A Last Chance Agreement

By Jordan Jones

last_chance

In Stresing v. Agostinoni, a Federal court held that a New York corrections officer (officer) waived any right to a pre-termination hearing when he signed a last chance agreement with his employer.

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Filed Under: Constitutional Rights
October 23, 2014 by

Washington Court of Appeals finds Trial Court erred in Slapping down Lawsuit under Anti-SLAPP Statute

By Kasey Burton

slapp

In Spratt v. Toft, the Washington State Court of Appeals, Division I, held that the King County Superior Court erred in failing to consider whether or not a plaintiff is likely to prevail on his or her defamation claim before dismissing the suit under the Washington Anti-SLAPP (Strategic Lawsuit Against Public Participation) statute.

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Filed Under: Free Speech Rights
October 23, 2014 by

Washington Appeals Court Holds That Kitsap Lieutenant’s Union Was Not Entitled To Attorney Fees Under RCW 49.48.030 For ULP Hearing

By Jordan L. Jones

stock-photo-5918704-flying-moneyIn Int’l Union of Police Ass’n, Local 748 v. Kitsap County, the Court of Appeals of Washington, Division One held that a trial court erred when it awarded attorney fees incurred in an Unfair Labor Practice ULP (ULP) proceeding to the Kitsap County Sheriff’s Office Lieutenant’s Association under the state wage law.

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Filed Under: Public Sector Collective Bargaining Rights
October 20, 2014 by

Appeals Court Upholds Ruling That A Trucking Company Was Liable For The Retaliatory Discharge Of An Independent Contractor Under The WLAD

By Jordan L. Jones

DiscriminationIn Currier v. Northland Servs., Inc., the Court of Appeals of Washington, Division One (court) upheld a trial court decision that Northland Services Inc. (NSI) was liable for the retaliatory discharge of an independent contractor under the Washington Law Against Discrimination (WLAD). The court found that “[b]ecuase the WLAD applies to this case and substantial evidence supports the trial court’s findings and conclusions that retaliation was a substantial factor in NSI’s termination of . . . [the contractor,] we affirm the trial court’s judgment.”

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Filed Under: Discrimination and Retaliation
September 29, 2014 by

ULP Alleges School District Provided Union with False Information

By Therese Norton

misleadingThe Public Employment Relations Commission (PERC) vacated an order dismissing the International Union of Operating Engineers, Local 609’s unfair labor practice complaint against the Seattle School District.  Seattle School District, Decision 11995-A (PECB, 2014). The union had alleged the School District had provided false and misleading information in response to its information request regarding placing an employee on administrative leave.  The District must now file its answer to the complaint, and the matter can proceed to a full evidentiary hearing.

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Filed Under: Duty to Provide Information
September 25, 2014 by

PERC Dismisses Objections to Decertification Election

By Therese  Norton

voting-symbolsA group of individuals petitioned the Public Employment Relations Commission (PERC) to decertify the Public School Employees of Washington/Puyallup Association of Education Office Personnel as the exclusive bargaining representative of clerical employees at the Puyallup School District. Following a mail ballot election, the employees chose to remain represented by the union. The group subsequently alleged that the union engaged in objectionable conduct that affected the results of the election. In Puyallup School District, the Commission dismissed the election objections brought by the group.  Decision 12067 (PECB, 2014).

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Filed Under: Representation and Unit Determination
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