September 11, 2013 by

Court Strikes Kitsap Retroactive Insurance Premium Increase in Unprecedented Reversal of Binding Interest Arbitration Award

By Jim Cline

The Kitsap Deputies Guild last week prevailed on their motion for Summary Judgment before Pierce County Judge James Orlando, that an arbitrator imposed health insurance employee contribution increase should be stricken from an interest arbitration decision.  He agreed with the Guild’s claims that the contributions were an unconstitutional “taking” and a violation of the state wage withholding law. Although the County vows to appeal, this case becomes the first known instance in which binding interest arbitrator decision has been modified by a Court.

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Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
September 5, 2013 by

PERC Renews Decision: Everett Community College is Required to Bargain Transfer of Work from Counselors

By Therese Norton

Unions have a legitimate interest in preserving work that their bargaining units historically perform.  Thus, it can be an unfair labor practice for an employer to refuse to bargain any decision to transfer or ”skim” bargaining unit work.  Recently, Everett Community College challenged the Commission’s ruling that it committed an unfair labor practice when it skimmed bargaining unit work previously performed by full-time counselors, without providing an opportunity for bargaining.  Everett Community College, Decision 11135-C (CCOL, 2013) 

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Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
September 4, 2013 by

PERC Examiner Finds Washington State Patrol Interfered with Shop Steward’s Inquiries Related to Representing Fellow Unit Member

By Therese Norton

In Washington State Patrol, PERC Examiner Hartrich found that WSP interfered with employee rights when it directed a shop steward not to inquire about relevant facts while preparing to represent a bargaining unit employee in an investigatory interview. Washington State Patrol, Decision 11775 (PSRA, 2013).

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Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
August 30, 2013 by

State Supreme Court Finds That Poor Personnel Management and Labor Contract Violations Can Constitute Grounds for Mayor’s Recall

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.

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Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
August 30, 2013 by

PERC Examiner Finds Employer Statements Regarding Salary Reduction Undermined Union

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).

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Filed Under: Public Sector Collective Bargaining Rights
August 22, 2013 by

Website Helps Users Explore “Reasonable Accommodation” Options

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.

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Filed Under: Disability Discrimination, Employment Discrimination
August 1, 2013 by

“Required” is Synonymous with “Mandatory”—At Least in The Context of Mukilteo Firefighter CBA Negotiated Overtime

By Anthony Rice

working_overtimeIn 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.

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Filed Under: Public Sector Collective Bargaining Rights
July 30, 2013 by

The Availability of Other Options besides Resignation is Not Dispositive in a Wrongful Constructive Discharge Claim

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.

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Filed Under: _, Discrimination and Retaliation, Public Sector Collective Bargaining Rights
July 29, 2013 by

Washington Appeals Court Rules that Proper Vision is a Bona Fide Occupational Qualification for Operating Snow Plows with a CDL

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…]

Filed Under: _
June 10, 2013 by

Termination for Requesting or Utilizing Reasonable Accommodation Violates Washington Law Against Discrimination

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…]

Filed Under: Disability Discrimination, Employment Discrimination
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