In City of Seattle, Decision 11413 (PECB, 2012), a union filed a petition seeking to include a group of unrepresented employees of the City of Seattle in an existing bargaining unit. Subsequently, a mail ballot election occurred, the result of which was conclusive in favor of the union. Two eligible voters filed timely election objections. Only one of the objectors voted in the election. The non-voting objector claimed that the ballot was for King County. [Read more…]
Commission Vacates an Election Because the Notice of Election Misidentified the Employer
Ninth Circuit Reaffirms First Amendment Right of Public Employees to be Free of Retaliation
By Mitchell Riese
The Ninth Circuit Court of Appeals recently clarified the rights that public employees have to not be retaliated against by a supervisor for testifying in a deposition in the context of a civil rights lawsuit. In the case of Karl v. City of Mountlake Terrace, Martha Karl filed suit against the City of Mountlake Terrace and Assistant Chief of Police Pete Caw. Karl was the Confidential Administrative Assistant to the Chief of Police. In 2008, she was subpoenaed to give deposition testimony in a federal civil rights lawsuit filed by former department Sgt. Jonathan Wender. Wender had brought a lawsuit claiming that he had been fired because of his outspoken criticism of the “war on drugs.” During her deposition, Karl testified that the chief and assistant chief disapproved of Wender’s comments to the press and his outspoken views on the need for drug policy reform, and that Caw had urged the Chief to terminate Wender. Karl also testified that Wender had a reputation for honesty, the chief had a reputation for being dishonest, and Caw had a reputation as a “smooth talker” and “back stabber.” After Karl’s deposition, Caw was allegedly overheard saying that the police department would have to find a way to the “get rid of her.” [Read more…]