By: Jordan L. Jones
In City of Walla Walla, PERC held that the Walla Walla Police Guild did not waive by inaction its right to bargain a department policy change.
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 
Washington 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.
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
In 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.
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
In 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.
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
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.
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
In 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.
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
In 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.
August 17, 2015 by
PERC Holds That Installation of Cameras on Buses Not A Mandatory Subject of Bargaining
By Chris Casillas and Sarah Derry
In 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.
August 14, 2015 by
PERC finds Walla Walla Guild Waived its Rights by Inaction Over Change in City Firearms Policy Despite Repeated Meetings with City
By Chris Casillas and Sarah Derry
In City of Walla Walla, Examiner Slone-Gomez held that the City of Walla Walla did not unilaterally change the off-duty weapon policy for police officers and sergeants. The Examiner determined that the employer provided notice and opportunity to bargain the policy, but that the Guild waived its right to bargain through inaction.
August 13, 2015 by
PERC Reverses Examiner, Holds Kitsap County Did Not Bargain In Bad Faith
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.”
