April 1, 2013 by

When Unrelated Medical Issue Forced Retirement, Despite Proven Harassment, Former Firefighter Could Not Claim an Adverse Employment Discrimination Action

By David E. Worley

In Derr v. Kern Cnty. Fire Dep’t, 117 FEP Cases 29 (Cal. Ct. App. 2013), the court affirmed the dismissal of claims of retaliation and discrimination of a firefighter who was subject to a hostile work environment at the hands of his supervisor who harbored staunchly homophobic views.  The plaintiff, who has a homosexual daughter, claimed his supervisor continually harassed him, and even after their shifts were changed, the supervisor went out of his way to find the plaintiff and make harassing comments to him.  While the court found that no adverse employment action occurred that would support the claims of discrimination and retaliation, the plaintiff had made a clear case of workplace harassment.  [Read more…]

Filed Under: Employment Discrimination, Sexual Orientation Discrimination
March 22, 2013 by

Legal Woes Continue to Plague Mountlake Terrace Police Department

By Jim Cline

The legal woes and legal costs continue to compound for the beleaguered Mountlake Terrace Police Department and its City management team.  Within weeks of being ordered by an arbitrator to reinstate police officer Tam Guthrie, the City has now been forced to pay out for the wrongful discharge of a former police secretary, Martha Karl.

[Read more…]

Filed Under: _
March 22, 2013 by

Controversial Kitsap Deputy Prosecutor Cited by PERC for Violating Rules

By Jim Cline

Finding that controversial, Kitsap County Deputy Prosecutor Jacquelyn Aufderheide violated PERC requirements including an after-the-fact “torpedoing” of a tentative agreement reached between the Kitsap County labor negotiator and the Dispatchers’ Guild, in a recently released Kitsap County Decision 11675, PERC Hearing Examiner Guy Coss cited Aufderheide with a ULP and other rule violations.

[Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
March 15, 2013 by

Washington State Supreme Court Rules, Once Again, That “Final and Binding” Decisions Are in Fact “Final and Binding”

By Jim Cline

Just last month, we wrote about a recent Ninth Circuit decision involving the Oregon Marion County Sheriff’s Office, in which the Ninth Circuit ruled that the enforcement of an arbitration award might be an enforceable “property interest” within the meaning of the due process clause.  In that same article, we noted that this might provide labor organization an additional tool for enforcing arbitration awards.  We also noted the 2009 Kitsap County Deputy Sheriffs’ Guild Supreme Court decision holding that “final and binding” decisions were, well, “final and binding”:

[Read more…]

Filed Under: Public Sector Collective Bargaining Rights
March 8, 2013 by

Local Government Employee Does Not Have Retaliation Claim in Superior Court for Whistleblower Action Resulting in Demotion, but May Seek Administrative Relief

By David E. Worley

In Woodbury v. City of Seattle (2012 Wash. App LEXIS 47), the Washington Appeals Court upheld the dismissal of a Superior Court complaint by a police officer regarding retaliation for a whistleblower action.  The Appellate Court held that under the relevant statute, a local government employee may only seek administrative relief initially, and Civil Courts will only be involved when appealing that administrative relief.

[Read more…]

Filed Under: Constitutional Rights, Political Rights
February 19, 2013 by

Ninth Circuit Decision May Provide an Additional Tool for Enforcement of Arbitration Decisions

By Jim Cline

A recent Ninth Circuit Court of Appeals decision made to provide labor organizations an additional tool in their efforts to enforce final and binding arbitration awards.  As explained in our recent article, in addition to enforcing such awards under State contract law, labor organizations in concert with the affected employee, may be able to argue that refusal to abide by “final and binding” arbitration awards also constitute a violation of constitutional due process rights.

[Read more…]

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February 19, 2013 by

Mountlake Terrace Officer’s Termination Overturned: Arbitrator Awards Reinstatement and Back Pay

By Cynthia McNabb

On January 6, 2013, Officer Tam Guthrie of the Mountlake Terrace Police Department was ordered reinstated to his position as an Officer for the City of Mountlake Terrace.  Arbitrator Mark Brennan also awarded that the City of Mountlake Terrace pay full back pay and benefits to Tam Guthrie from the date of termination based on his findings that the City of Mountlake Terrace did not have just cause to terminate the longtime employee. [Read more…]

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January 29, 2013 by

You Asked for It, You Got It: No Wage Rebate Act Violations Where Employee Agrees to Payment Method

By Kate Acheson

In LaCoursiere v. CamWest Development, Inc., the Washington Appeals Court dismissed an employee’s claims under the Wage Rebate Act (“WRA”), RCW 49.52.  The employee, Shaun LaCoursiere, claimed his employer, CamWest Development, violated the WRA by depositing a portion of his bonuses in an investment account and by reimbursing only 60 percent – the vested portion – of the investment account upon his termination. 

[Read more…]

Filed Under: Wage and Hour Cases
January 11, 2013 by

Employer Must Compensate Ten Minutes of Fifteen-Minute Missed Break at Overtime Rate, State Supreme Court Finds

By Kate Acheson

The Washington State Supreme Court found in Wash. State Nurses Ass’n v. Sacred Heart Med. Ctr., that employees were inadequately compensated for missing 15-minute breaks mandated by their Collective Bargaining Agreement when they worked over 40 hours in a week, because they were entitled to overtime pay for 10 of those minutes (the state-required break time). [Read more…]

Filed Under: Wage and Hour Cases
January 3, 2013 by

Heterosexual Called “Big Gay Al” At Work Not Protected by Washington Law against Sexual Orientation Discrimination

By Kate Acheson

When a heterosexual delivery truck driver sued for being called “Big Gay Al” at work, the Washington State Court of Appeals found, in Davis v. Fred’s Appliance Inc.,that the perception of homosexuality is not protected by Washington’s law against discrimination (“WLAD”), RCW 49.60.

[Read more…]

Filed Under: Employment Discrimination, Sexual Orientation Discrimination
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