April 15, 2016 by

The Commission Adopts A New Standard For Determining Whether An Employer Has A Duty To Bargain A Decision To Contract Out Bargaining Unit Work

By: Christopher J. Casillas & Jordan L. Jones

In Central Central WAWashington University, the Commission concluded that the existing standard for determining whether an employer had a duty to bargain a decision to contract out bargaining unit work was confusing and adopted a new standard. The Commission also affirmed the Examiner’s decision that (1) the employer contracted out bargaining unit work and (2) that the employer failed to provide requested information. The Commission reversed the Examiner’s decision and found that the employer circumvented the union and modified the remedy to include a monetary remedy for the employer’s failure to bargain the decision to contract out bargaining unit work.

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Filed Under: Duty to Bargain
April 15, 2016 by

Washington Court of Appeals Holds That State Trooper Could Bring Civil Suit for Workplace Injuries Under the Industrial Insurance Act After Being Shot By A Taser

By: Erica Shelley Nelson & Sarah Burke

taser2In Michelbrink v. Wash. State Patrol, Division II of the Washington Court of Appeals allowed a state trooper to proceed to trial in his civil suit for damages stemming from a compression fracture and bulged disk in his back under the “deliberate intention” exception of the Industrial Insurance Act (IIA). In his complaint, the trooper claimed that his employer’s knowledge that an injury would occur was enough to qualify under the deliberate intention exception. The Court of Appeals found that while every element of the deliberate intention exception should be narrowly construed, an employer does not need actual knowledge of the specific injury that occurs to be found liable.

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Filed Under: Workers Compensation
April 15, 2016 by

PERC Holds That The State Breached Its Good Faith Bargaining Obligations By Failing To Provide The Trooper’s Union Requested Information

By: Christopher J. Casillas & Jordan L. Jones 

dollar-clip-art-k3653705In State – Washington State Patrol, Examiner Page A. Garcia held that the State failed to provide relevant information regarding documents and communication between the State and a consultant concerning a compensation survey, which was requested by the Union for contract negotiations. PERC further held that by the State’s refusal to make individuals from the consultant’s firm available to the Union or, in the alternative, provide the Union the information it was seeking from the consultant regarding the compensation survey, the employer breached its good faith bargaining obligations.

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Filed Under: Duty to Provide Information
January 15, 2016 by

PERC Holds That The Expansion Of An Existing Security Camera System In A Hospital Was Not A Mandatory Subject of Bargaining

By Chris Casillas and Jordan L. Jones

security cameraIn Mason General Hospital (Mason Public Hospital District 1), Examiner Irvin held that the employer did not refuse to bargain by unilaterally installing a new security camera in the Diagnostic Imaging Department. Examiner Irvin found that the hospital’s decision to install the new security camera was not a mandatory subject of bargaining.

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Filed Under: Duty to Bargain
January 15, 2016 by

Teachers Did Not Have Right To Privacy In Records That Did Not Contain Personal Information And Were Not Investigative

By Erica Shelley Nelson and Harrison Owens

privacyIn Predisik v. Spokane School District No. 81, the Washington State Supreme Court found that public employees did not have a right to privacy in public records that contained information relating to investigations of potential misconduct, but did not identify the specific allegations being investigated.  In their lawsuits, two public school employees sued the District to prevent the disclosure of a leave letter and spreadsheets to two media outlets who requested the materials.  The Supreme Court held that Washington law did not prevent the disclosure of the un-redacted materials, because they did not violate the employees’ privacy rights.

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Filed Under: Privacy Rights
January 14, 2016 by

Piece Rate Agricultural Workers Are Entitled To Pay During Rest Breaks

By Erica Shelley Nelson and Harrison Owens

cherry-bomb

In Demetrio v. Sakuma Brothers Farms, Inc., the Washington State Supreme Court found that piece rate workers must be paid for rest breaks, and they must be paid the higher rate of pay, either the minimum wage or the regular rate of pay.  In their complaint, agricultural workers paid based on the number of “pieces” of output they produced asked the Court to determine whether they were entitled to paid rest breaks, and if so how much they must be paid.  The Court stated that piece rate workers were entitled to paid rest breaks under Washington law, and the rate had to be the greater of workers’ regular rate of pay or the applicable minimum wage.

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Filed Under: Wage and Hour Cases
September 9, 2015 by

Commission Upends Thirty Years of Law in Recent Ruling Finding Inland Boatmen’s Union Did Not Refuse to Bargain

By Chris Casillas and Jordan L. Jones

Impasse-ChessIn Washington State Ferries, the Commission affirmed Examiner Slone-Gomez’s decision that the Inland Boatmen’s Union of the Pacific did not refuse to bargain in violation of RCW 47.64.130(2)(c). The Commission stated that the Washington State Ferries was unable to prove that the Union negotiated to impasse on a non-mandatory subject of bargaining.

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Filed Under: Bad Faith Bargaining
August 25, 2015 by

PERC Holds that the WSCCCE Was Inappropriately Allowed to Intervene in a Representation Case Initiated by the Snohomish County Juvenile Court Supervisors Association

By Chris Casillas and Jordan L. Jones

intrerveneIn Snohomish County, the Commission held that the Washington State Council of County and City Employees (WSCCCE) was inappropriately allowed to intervene in a representation case initiated by the Snohomish County Juvenile Court Supervisors Association (union). The Commission also held that the petitioned-for bargaining unit was appropriate and remanded to the Executive Director to conduct a unit determination election to establish the preferred bargaining unit arrangement of the employees.

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Filed Under: Representation and Unit Determination
August 21, 2015 by

PERC Holds that Washington State University Did Not Refuse to Bargain When It Reduced the Wages of the Facilities Operations, Custodial Services Unit

By: Chris Casillas and Jordan L. Jones

coverageIn Washington State University, Examiner Whitney held that the University did not refuse to bargain when it reduced the wages of its employees in the Facilities Operations, Custodial Services unit. Examiner Whitney stated that the University’s changes to the bargaining unit’s wages were made in conformance with their current 2013-2015 CBA.

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Filed Under: Duty to Bargain
August 17, 2015 by

PERC Holds That Installation of Cameras on Buses Not A Mandatory Subject of Bargaining

By Chris Casillas and Sarah Derry

feel like you're being watchedIn Community Transit, PERC Examiner Ramerman held that installation of video cameras on buses is not a mandatory subject of bargaining. Examiner Ramerman reasoned that: (1) video cameras had already been used in the buses, albeit in a more limited capacity; (2) bus drivers have no reasonable expectation of privacy while driving the buses; and (3) the cameras could further the employer’s significant interest in passenger and driver safety. Based on these three determinations, Examiner Ramerman concluded that the employer is not required to bargain with the bus drivers’ union over the camera installation.

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Filed Under: Scope of Bargaining
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