Washington Labor and Employment Blog
The latest case law and legal developments in Washington labor & employment law.
By Jim Cline
A
recent decision by the Washington State Supreme Court appears to be fair warning to elected city officials who mismanage personnel matters and violate employee rights. In a recent decision, the Washington State Supreme Court approved recall charges against the City of Pacific Mayor on multiple grounds, including poor personnel management practices, employment retaliation, and violating union contracts.
By Therese Norton
It is an unfair labor practice for an employer to say that employees could avoid a salary reduction if they were not represented by a union. PERC Examiner Claire Nickleberry recently found that Skagit Valley College interfered with employee collective bargaining rights by making such comments because they had a chilling effect on employees. Skagit Valley College, Decision 11536-A (PSRA, 2013).
By Therese Norton
The law requires employers to make “reasonable accommodations” for individuals with disabilities to perform their jobs. Identifying and implementing those accommodations can be tricky sometimes as it requires an individualized assessment of the nature of the disability and the required job duties. Union representatives may be called upon to assist in this process.
By Anthony Rice
In City of Mukilteo, Arbitrator Steve Irvin ruled that the city did not violate its collective bargaining agreement (CBA) with the firefighters’ union when it assigned mandatory overtime to cover a public education event. The arbitrator found that, under the CBA, the city has the contractual right to assign overtime to meet its operational needs. Moreover, the city has a broad spectrum of possibilities for overtime use—such as public education.
By Anthony Rice
In Barnett v. Sequim Valley Ranch, the court upheld a $427,230 jury award for the plaintiffs and former employees of Sequim Valley Ranch. The court held that the plaintiffs’ constructive, wrongful discharge suit was timely filed, and the trial court properly instructed the jury on the elements of a wrongful constructive discharge claim.
By Anthony Rice
In Fey v. Community Colleges of Spokane, the court reversed a $58,000 judgment for the plaintiff Mark Fey, a grounds keeper at Spokane Community College, for the college’s failure to accommodate Fey’s disability. The court ruled that the college is not liable because they were not required to modify the essential functions of a job to accommodate Fey’s terrible vision. [Read more…]
By Kate Acheson
As a case of first impression, a Washington State District Court recently found, in Hansen v. Boeing Co., that an employee is protected against retaliation for requesting or utilizing reasonable accommodation for a disability under the Washington State Law Against Discrimination (WSLAD). [Read more…]
By David Worley
In Ockletree v. Franciscan Health Systems, 27 AD Cases 442 (W.D. Wash. 2012), a Washington federal district court refused to dismiss the plaintiff’s ADA claims against a religious hospital when the discriminatory action was not religiously motivated. Whether the religious exemption under the Washington Law against Discrimination (WLAD) applied to non-religious based discriminatory firings by religious institutions is currently an unanswered question in Washington. Although there was no actual record that the claims had been timely filed, the SOL may have been longer if the WLAD did apply to this claim, so dismissal for untimely firing could not be decided at this point. The court dismissed the plaintiff’s discharge in violation of public policy claim, holding that the statutory remedies were sufficient and therefore precluded a common-law claim. [Read more…]
By Therese Norton
In general, PERC will dismiss an unfair labor practice charge if it is not filed within six month. On May 13, 2013, PERC Examiner Casey King dismissed a ULP charge brought by the Walla Walla Commissioned Deputy Sheriff’s Association against Walla Walla County. The union asserted that Walla Walla County had unilaterally changed its policy regarding forfeiture of unused vacation time. Examiner King dismissed the charge as untimely, and even if it was filed timely, the union failed to establish that the county had changed the policy. Walla Walla County, Decision 11751 (PECB, 2013)
By Therese Norton
Protected union activity is not an absolute right when it becomes unreasonable. In a recent decision, PERC Examiner Casey King determined that the State of Washington Corrections did not discriminate against, or interfere with the rights of Local 117 union steward Darren Kelly when it reassigned Mr. Kelly out of his bid position. Examiner King reached this decision finding that Mr. Kelly had not engaged in protected activities. State –Corrections, Decision 11747 (PSRA, 2013) [Read more…]
