June 10, 2013 by

Religious Exemption for Discrimination Claims May Not Apply when Discrimination was Not Religiously Motivated

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…]

Filed Under: Disability Discrimination, Employment Discrimination, Race Discrimination
May 31, 2013 by

Examiner Dismisses ULP Charge Where Charge is Untimely and There is No Change to Vacation Accrual Policy

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)

[Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights, Scope of Bargaining
May 23, 2013 by

Correction Officer’s Conduct Deemed Too Profane and Unreasonable to Be Protected Activity

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…]

Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
May 23, 2013 by

Police Officer Who Asserted His Weingarten Rights Held Insufficient to Support Discrimination Claim When He Had a Long History of Discipline

By Therese Norton

In a recent PERC decision, Examiner Slone-Gomez dismissed a union discrimination claim because the union was unable to prove that the employer discriminated against a bargaining unit member by terminating him in reprisal for union activities.  City of Centralia, Decision 11687 (PECB, 2013).

[Read more…]

Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
May 17, 2013 by

Hearing Examiner Finds That Employer Must Bargain Over Increased Workload Caused by Layoff

By Therese Norton

PERC Hearing Examiner Robin A. Romeo partially upheld an unfair labor practice complaint filed by the Public School Employees of Washington on behalf of a group of custodial employees employed by Washington State University.  The complaint alleged that the employer refused to bargain when it laid-off a bargaining unit member, which substantially increased the workload of the remaining workers in violation of the Personnel System Reform Act, Chapter 41.80 RCW.  Examiner Romeo found that although the decision to layoff the employee was not a mandatory subject of bargaining, the employer must still bargain with the union over the increased workload because the decision impacts working conditions. Washington State University, Decision 11704 (PSRA, 2013). 

[Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights, Scope of Bargaining
May 10, 2013 by

Commission Affirms Examiner Finding of Discrimination and Interference by SNOCOM 911 Dispatch Center

By Christopher Casillas

The three-member Commission, hearing an appeal in a complex case involving numerous allegations of discrimination and interference involving the SNOCOM 911 Regional Dispatch Center, recently affirmed a decision issued by the Hearing Examiner sustaining numerous unfair labor practice charges.  The case originally involved nearly a dozen and one-half independent allegations of unfair labor practices alleged by the SNOCOM Dispatchers’ Association, many involving a strong anti-union bias by SNOCOM’s Director, Debbie Grady, against the then-President and Vice President of the Association.  In an abbreviated decision, the Commission upheld all of the Examiner’s findings and conclusions outlining the scope of SNOCOM’s unlawful behavior.

[Read more…]

Filed Under: Public Sector Collective Bargaining Rights
April 26, 2013 by

PERC Finds that Unilateral Implementation Following Negotiation with a Fixed Outcome is an Unfair Labor Practice

By Therese Norton

In Yakima Valley Community College,11326-A (PECB, 2013), the Commission found that the employer breached its good faith bargaining obligation when it unilaterally implemented its proposal, after it approached bargaining with a fixed outcome in mind to reduce wages. Contrary to the employer’s assertions that it was bargaining under budgetary terms imposed by the Legislature, the Commission found that the parties were not at a good faith impasse in bargaining and that unilateral implementation was not warranted because there was time to bargain the impact of the reduction of the employer’s budget on the bargaining unit.  Therefore, it concluded, the employer acted improperly when it unilaterally implemented a temporary change to employee wages and work hours. 

[Read more…]

Filed Under: Bad Faith Bargaining, Duty to Bargain, Public Sector Collective Bargaining Rights
April 26, 2013 by

Oregon Supreme Court “Waiver” Ruling Consistent with Washington Law

By Jim Cline

The recent ruling of the Oregon Supreme Court in Association of Oregon Corrections Employees v. Oregon discussed on our blog, coincides with the Washington approach to contractual waivers.  PERC has consistently ruled that waivers must be subject specific and that broad management rights language does not constitute a waiver of collective bargaining rights.

[Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
April 12, 2013 by

Increase in Parking Fees Is a Mandatory Subject of Bargaining

By Therese Norton

In King County, Decision 11319-A (PECB, 2013), the Commission affirmed Examiner Karyl Elinski’s decision that King County engaged in an unfair labor practice when it unilaterally changed the parking fees it charges to members of the King County Corrections Guild in its parking garage.  The Commission explained that it has long recognized that changes to employee parking are a mandatory subject of bargaining because it impacts employee working conditions. [Read more…]

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

More Legal Problems for the City of Mountlake Terrace as PERC Hearing Examiner Cites Police Chief Greg Wilson for Repeated Labor Law Violations

By Jim Cline

In a recent blog article, we cited the recent difficulties involving the City of Mountlake Terrace and its police department.  Although many of those issues involved Assistant City Manager Scott Hugill, a fair number of the issues involved Police Chief Greg Wilson.  In a decision just released by PERC hearing examiner Robin Romeo, Wilson was found to have committed numerous ULPs. [Read more…]

Filed Under: Public Sector Collective Bargaining Rights
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