By Jim Cline

Pending in the Court of Appeals, the August ruling by Pierce County Judge James Orlando, holding that an interest arbitration order by Arbitrator Howell Lankford that Kitsap County Deputies incur a retroactive increase in their insurance premiums, was unconstitutional and unlawful. Earlier this month, we discussed the detailed legal theories involved in Orlando’s ruling. But, a new question concerning the scope of bargaining under PERC law is raised by Orlando’s ruling: if a retroactive change in health insurance premiums or benefits is unconstitutional or unlawful, does that remove it from the scope of bargaining?

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By Therese Norton

In Port of Seattle, Hearing Examiner Emily Martin found that the Port did not discriminate against Officer Brian Torre, the Shop Steward for the Teamsters Local 117 Commissioned Officers Bargaining Unit. Although Officer Torre was engaged in protected activity by serving as a shop steward, the union member could not show that he was “deprived of an ascertainable right or benefit” when the Port’s sole adverse action was to “coach” him on “providing better customer service.” Examiner Martin also found criticism of Officer Torre by Commander Jon Hornbuckle, who was also a Teamster shop steward for the supervisor’s unit, did not constitute unlawful interference.

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By Therese Norton 

Regressive bargaining occurs when one party at the bargaining table in some manner attempts to make a proposal that is less attractive than the proposals it had previous advanced.  In City of Tacoma, PERC Hearing Examiner Claire Nickleberry found that the City breached its good faith bargaining obligation by making a regressive wage proposal. [Read more…]

By Therese Norton

In Washington State Ferries, Examiner Whitney concluded that the Washington State Ferries committed an unfair labor practice (ULP) when it unilaterally eliminated a Kingston Ferry shed that ferry workers used as a break room, without providing the Inland Boatman’s Union an opportunity to bargain.  The employer was ordered to reinstate the shed break room.   Washington State Ferries, Decision 11825 (MRNE, 2013). [Read more…]