Washington Labor and Employment Blog
The latest case law and legal developments in Washington labor & employment law.
By Therese Norton
Regressive bargaining occurs when one party at the bargaining table in some manner attempts to make a proposal that is less attractive than the proposals it had previous advanced. In City of Tacoma, PERC Hearing Examiner Claire Nickleberry found that the City breached its good faith bargaining obligation by making a regressive wage proposal. [Read more…]
By Therese Norton
In Washington State Ferries, Examiner Whitney concluded that the Washington State Ferries committed an unfair labor practice (ULP) when it unilaterally eliminated a Kingston Ferry shed that ferry workers used as a break room, without providing the Inland Boatman’s Union an opportunity to bargain. The employer was ordered to reinstate the shed break room. Washington State Ferries, Decision 11825 (MRNE, 2013). [Read more…]
By Therese Norton
In Pierce County, PERC Examiner Emily Whitney concluded that Pierce County did not commit an unfair labor practice (ULP) regarding deputy sheriff’s leave use during the snow closures in 2012. The County had determined that deputy sheriff’s would be deemed essential and would have to submit paid leave in the event they were absent. The Deputy Sheriff’s Guild filed a ULP asserting that the distinction between “essential” and “nonessential” employees had not been negotiated and that no leave should be required if the deputies were unable to report to work. But Whitney concluded that there was no change to the status quo regarding deputies during the snow closures, and that the County did not unilaterally change the deputies leave utilization. Pierce County, Decision 11818. [Read more…]
By Therese Norton
In Clallam CountyPERC Examiner Emily K. Whitney found that the Washington State Council of County and City Employees AFSCME Locals (unions) did not breach their obligation to bargain in good faith with the employer Clallam County. The employer alleged that the unions refused to reform a mutual mistake to memorandums of agreements (MOAs), excluded the employer’s bargaining representative from the bargaining process and refused to provide relevant information. Clallam County, Decisions 11829 and 11830 (PECB, 2013).
By Therese Norton
Employers commit an unfair labor practice if they do not engage in good faith bargaining of “personnel matters, including wages, hours and working conditions.” In a recent decision involving the City of Seattle and the Seattle Police Guild, the Public Employment Relations Commission examined the scope of an employer’s obligation to bargain an employer provided benefit of legal representation for police officers involved in civil lawsuits.
By Jim Cline
In another setback for Kitsap County, the Public Employment Relations Commission upheld a previous ruling that a Kitsap County Deputy prosecutor unlawfully undermined an agreement that had been reached between the Kitsap Dispatchers Guild and the County. InKitsap County, Decision 11675-A (PECB 2013), the Commission held that it was a breach of the County’s duty to bargain “in good faith” when it refused to ratify an agreement that it had already informed the Guild was agreeable to the County commissioners. [Read more…]
By Therese Norton
The Walla Walla County Commissioned Deputy Sheriff’s Association filed an unfair labor practice complaint alleging that Walla Walla County refused to engage in collective bargaining and interfered with employee rights by unilaterally changing the practice of compensating for the lunch hour during training days. PERC Examiner Slone-Gomez dismissed the complaint, finding that the County did not commit an unfair labor practice because the union failed to prove a “past practice”. Walla Walla County, Decision 11877 (PECB, 2013).
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.
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)
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)
