July 29, 2015 by

PERC Holds that Warden School District Did Not Commit A ULP When It Did Not Bargain With the Union Over Whether to Change the School Calendar and that Principal’s Statement to Employee Was Not Interference With Union Rights

By Chris Casillas and Sarah Derry

crystal ballIn Warden School District, PERC Examiner Whitney considered two unrelated issues:  First, the employer did not commit a ULP by not bargaining with the union over whether to adopt a perpetual calendar for the school year. Examiner Whitney found that: (1) the employer had been using the same calendar adoption process for nine years, so there was no change, and (2) although the union wanted to adopt a “perpetual calendar,” the Union never directly proposed it, so the school district did not refuse to bargain. Second, Examiner Whitney determined that the school district did not interfere with a teacher’s union rights by threatening to fire him if he did not take on another class, in part because another teacher testified that she did not think the complaining teacher had been threatened.

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Filed Under: Bad Faith Bargaining, Scope of Bargaining
May 14, 2015 by

Court Holds that Provisional Elementary Counselor Was Not Eligible for Arbitration Under the CBA

By Erica Shelley Nelson and Jordan L. Jones

progressiveIn Spokane Sch. Dist. No. 81 v. Spokane Educ. Ass’n, the Washington Court of Appeals, Division Three held that a provisional elementary counselor was not eligible for arbitration under the collective-bargaining agreement (CBA).

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Filed Under: Public Sector Collective Bargaining Rights
May 14, 2015 by

PERC Holds That The Port of Bellingham Did Not Commit A ULP When It Transferred Daily Inspection Duties Away From Its Maintenance Employees

By Chris Casillas and Jordan L. Jones

conveyor-beltIn Port of Bellingham, PERC Examiner Martin held that the employer did not commit a ULP by transferring daily inspection duties away from its maintenance employees without first providing an opportunity to bargain. Examiner Martin noted that the Port did not have an obligation to bargain in this case because (1) the work was so briefly assigned to the maintenance bargaining unit, (2) non-bargaining unit employees had also been performing the work, and (3) by the time the work was transferred to other port employees it was fundamentally different from the maintenance bargaining unit’s regular work.

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Filed Under: Scope of Bargaining
April 28, 2015 by

PERC Holds that Central Washington University Committed a ULP When It Contracted Out a Roofing Project Without First Providing Notice to and an Opportunity to Bargain With the Maintenance Mechanics Union

By Chris Casillas and Jordan L. Jones

opportunityIn Central Washington University, PERC Examiner Slone-Gomez held that the University committed a ULP when it contracted out a roofing project without first providing notice to and an opportunity to bargain with the Maintenance Mechanics Union in violation of RCW 41.80.110(1)(a) and (e).

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Filed Under: Duty to Bargain
April 16, 2015 by

The Commission Reverses an Examiner’s Decision and Holds that the Port of Anacortes Did Commit a ULP When It Unilaterally Ended a Light Duty Assignment

By Chris Casillas and Jordan Jones

project_proposalIn Port of Anacortes, the Commission reversed an Examiner’s decision that the Employer did not unilaterally change working conditions by ending the use of a light duty assignment without providing notice to the Union and an opportunity to bargain. The Commission held that the Examiner incorrectly analyzed the issue as to whether the Employer unilaterally changed a past practice. The Commission stated that in cases involving newly organized bargaining units who had not finished negotiating their first CBAs, the issue is whether the Employer unilaterally changed the status quo without bargaining.

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Filed Under: Public Sector Collective Bargaining Rights
April 9, 2015 by

Washington Court of Appeals Decides that Doctor Can Sue Hospital for Racial Discrimination After Revoking Hospital Privileges

By Erica Shelley Nelson and Brennen Johnson

head in sandIn Sambasivan v. Kadlec Medical Center, Division III of the Washington State Court of Appeals, overturned the dismissal of a doctor’s racial discrimination and retaliation claims. The Indian doctor sued the Hospital after it implemented a proficiency standard that prevented him from practicing his specialty. The trial court dismissed his claims, finding that the doctor lacked the necessary relationships with the Hospital to allow his lawsuit. However, the Court of Appeals reversed that decision, holding that such claims could be brought when the Hospital interfered with the doctor’s right to make additional contracts with the Hospital and obtain new patients when the doctor was acting as an independent contractor for the Hospital in certain functions.

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Filed Under: Discrimination and Retaliation, Race Discrimination
March 25, 2015 by

Washington State Supreme Court Decides That Damages For Wrongful Denial Of Health Benefits Can Include Deferred Costs And Lost Health And Longevity Of Employees

By Erica Shelley Nelson and Brennen Johnson

bad money 2In Becker v. Community Health Systems, Inc., Division III of the Washington State Court of Appeals determined that a Chief Financial Officer could sue his former employer for firing him when he refused to submit a false or misleading financial report. Although the Company sought to dismiss the CFO’s lawsuit, the Court decided that the former CFO could pursue a state common law claim for “wrongful discharge in violation of public policy.”

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Filed Under: Discrimination and Retaliation
February 25, 2015 by

PERC Holds that Kitsap County Failed to Bargain in Good Faith After it “Effectively Hamstrung” Employer Representatives with Insufficient Authority at the Bargaining Table

By Chris Casillas and Jordan L. Jones

kitsap hogtiedIn Kitsap County, PERC Examiner Dianne Ramerman held that the Employer “failed to bargain in good faith and committed a ULP in violation of RCW 41.56.140(4) and derivatively interfered with employee rights in violation of RCW 41.56.140(1).” Examiner Ramerman found that Kitsap County’s “representatives at the table [with the Kitsap County Juvenile Detention Officers’ Guild] did not have sufficient authority to engage in meaningful bargaining.” Specifically, Examiner Ramerman found that Kitsap County’s representatives at the table were:

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Filed Under: Bad Faith Bargaining, Duty to Bargain
February 20, 2015 by

PERC Holds that Pierce County Did Not Discriminate Against a Sergeant for his Union Activity and Dismissed an Interference Claim for Being Untimely Filed

By Chris Casillas and Jordan L. Jones

wolf_in_sheeps_clothing_drawingIn Pierce County, PERC Examiner Lisa A. Hartrich held that the Employer did not commit an unfair labor practice (ULP). Examiner Hartrich stated that the Union did not make a prima facie case for their discrimination claim and that the interference allegations were untimely filed.

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Filed Under: Discrimination and Retaliation, Weingarten Rights
February 18, 2015 by

PERC Holds that Spokane County Did Not Interfere With Employee Rights Nor Dominate or Assist the Union in Violation of RCW 41.56.140(1) and (2)

By Chris Casillas and Jordan L. Jones

threatIn Spokane County, PERC Examiner Dianne Ramerman held that Spokane County Sheriff Ozzie Knezovich did not interfere nor dominate or assist the Spokane County Deputy Sheriff’s Association when he sent an e-mail to the Union.

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Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
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