Washington Labor and Employment Blog
The latest case law and legal developments in Washington labor & employment law.
By Jim Cline and Peter Haller
In WA Interpreters v. PERC and Dept of Labor & Industries, the Washington State Court of Appeals affirmed a PERC decision which ruled that the bargaining rights of interpreters were not violated when the Department of Labor and Industries (L&I) implemented a new policy during the pendency of a representation petition. The policy at issue related to working conditions as it controlled how the interpreters could schedule appointments and receive payments.
By Jim Cline & Peter Haller
In Bethel School District, Examiner Whitney partially dismissed a complaint that alleged that the Employer had engaged in direct dealing even though it had directly proposed a plan to employees without union representation present and misreported the status of the meetings to the union.
By Chris Casillas and Sarah E. Derry
In Lincoln County, PERC Unfair Labor Practice Manager Jessica Bradley dismissed a complaint, brought by Teamsters Local 690 on behalf of two unions, which challenged the County’s new open meetings rule. The policy applies Washington’s Open Public Meetings Act to collective bargaining negotiations between the County and public sector unions.
By: Sarah E. Derry, Chris Casillas
In Vashon Island Fire and Rescue, PERC Examiner Karyl Elinski found that the employer’s decision to end its participation in a program that kept injured workers on salary (“Kept on Salary”) rather than using workers’ compensation was not an unfair labor practice. The employer had adopted the program for only seven weeks before deciding to terminate the program.
By: Chris Casillas and Sarah E. Derry
In Skagit Regional Health, PERC Examiner Emily K. Whitney held that the employer, which operates a cancer care clinic in Mount Vernon, Washington, improperly circumvented the union when it met with employees to discuss changing their work hours, rather than bargaining the change through the union.
By: Chris Casillas and Sarah E. Derry
In Green River College, PERC Examiner Jamie Siegel held that the employer, Green River College, a college in Auburn, Washington, did not commit an unfair labor practice when it implemented a new “Program Prioritization Process” (PPP) without bargaining. Examiner Siegel determined that the new program was not a mandatory subject of bargaining, so the employer was not obligated to negotiate its decision prior to implementation.
By Chris Casillas and Sarah E. Derry
In City of Renton, PERC Examiner Coss dismissed the Renton Police Officers’ Guild’s Unfair Labor Practice complaint, which challenged the pay scheme for bicycle officers. The Examiner held that, contrary to the Guild’s allegations: (1) the City did not engage in direct dealing with Officers when it created a new payment method; (2) the Guild had actually agreed to end the alternate payment method and so the City did not unilaterally change the bike pay; and (3) the Guild’s complaint was barred by the statute of limitations.
By: Jordan L. Jones
In King County (Amalgamated Transit Union, Local 587), PERC held that ATU Local 587 committed a ULP when it submitted a permissive subject of bargaining to interest arbitration. Examiner De La Rosa found that King County’s decision to move the Millwrights from the Vehicle Maintenance Section to the Power & Facilities Section was a managerial prerogative and therefore a permissive subject of bargaining.
By Chris Casillas and Jordan L. Jones
In 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.
By Chris Casillas and Sarah Derry
In Kitsap County, PERC overturned Examiner Ramerman’s decision that Kitsap County engaged in bad faith bargaining. The Commission considered two separate issues: (1) whether to consider Kitsap County’s brief even though it was submitted late; and (2) whether Kitsap County breached its duty to bargain in good faith with the Juvenile Detention Officers’ Guild. On the first issue, the Commission refused to consider the employer’s late brief, emphasizing that its procedural rules are to be followed in every case. PERC characterized the late-filing as acting “in complete disregard of our procedural rules” and that it had “previously cautioned the employer that it disregards the Commission’s rules at its own peril.”
