PERC Holds that the Port of Anacortes Did Not Unilaterally Change a Past Practice Nor Discriminate Against an Employee When It Discontinued His Light Duty Assignment

By Chris Casillas and Jordan L. Jones

gg58789833In Port of Anacortes, PERC Examiner Jamie L. Siegel held that the Port did not unilaterally change a past practice when it ended maintenance mechanic David Bost’s light duty assignment. Examiner Siegel also found that the Port did not discriminate against Mr. Bost for union activity when it ended his light duty assignment.

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PERC Holds that the Seattle School District Refused to Bargain in Good Faith by Failing to Timely Provide Relevant Information Requested by the Union

 By Christopher Casillas and Jordan L. Jones

JAsIn  Seattle School District, PERC Examiner Ramerman held that the Employer refused to bargain in good faith by failing to timely provide relevant information requested by the International Union of Operating Engineers in violation of RCW 41.56.140(1) and (4). Examiner Ramerman noted that “although the [E]mployer acknowledged the [Union’s information] request two weeks after the request was made, the [E]mployer ‘dropped the ball’ and took no additional action for approximately five weeks from late August 2013 until early October 2013.”

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PERC Dismisses ULP Complaint Filed Against the Port of Anacortes for Unilaterally Changing the Health Insurance Benefits of the Union Because of Business Necessity

By Christopher Casillas and Jordan L. Jones

health_insurance_signIn Port of Anacortes, PERC Examiner Page Garcia dismissed an unfair labor practice (ULP) complaint filed against the Port of Anacortes for unilaterally changing the health insurance benefits of Union members. Examiner Garcia found that although the Port of Anacortes had “failed to maintain the status quo by changing the health insurance benefits offered to bargaining unit employees” and had “presented the change in health insurance benefits as a fait accompli”, the Employer “met its burden of proof to support its defense of business necessity.”

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PERC Reverses Examiner on Triggering Event for Skimming Allegation

By Chris Casillas and Therese Norton

dominoeA ‘triggering event’ signals important deadlines for filing unfair labor practice complaints or else a party may risk losing the opportunity to file a complaint with the Public Employee Relations Commission (PERC). In Lake Washington School District, the Commission found that the Examiner Page A. Garcia erred in dismissing the IBEW Local 46’s skimming complaint as untimely and beyond the statute of limitations. The Commission explained that, in a skimming case, the triggering event for the statute of limitations is when bargaining unit work is assigned to non-bargaining unit employees, and not when the union receives notice of the employer’s intent to transfer the work, as the Examiner had concluded.

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PERC finds Deputy Sheriff’s Association Bargained Regressively on Eve of Interest Arbitration

By Therese Norton

MaliceBoth employer and union can violate their good faith bargaining obligations under the state collective bargaining laws when one party advances proposals prior to interest arbitration that are regressive from proposals made earlier in negotiations. In Spokane County (Spokane County Deputy Sheriff’s Association), PERC Examiner Stephen W. Irvin found, and the Commission affirmed, that the Spokane County Deputy Sheriff’s Association breached its good faith bargaining obligations by submitting a regressive wage proposal after impasse and shortly before the parties’ scheduled interest arbitration hearing.

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Washington Appeals Court Holds That Kitsap Lieutenant’s Union Was Not Entitled To Attorney Fees Under RCW 49.48.030 For ULP Hearing

By Jordan L. Jones

stock-photo-5918704-flying-moneyIn Int’l Union of Police Ass’n, Local 748 v. Kitsap County, the Court of Appeals of Washington, Division One held that a trial court erred when it awarded attorney fees incurred in an Unfair Labor Practice ULP (ULP) proceeding to the Kitsap County Sheriff’s Office Lieutenant’s Association under the state wage law.

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Appeals Court Upholds Ruling That A Trucking Company Was Liable For The Retaliatory Discharge Of An Independent Contractor Under The WLAD

By Jordan L. Jones

DiscriminationIn Currier v. Northland Servs., Inc., the Court of Appeals of Washington, Division One (court) upheld a trial court decision that Northland Services Inc. (NSI) was liable for the retaliatory discharge of an independent contractor under the Washington Law Against Discrimination (WLAD). The court found that “[b]ecuase the WLAD applies to this case and substantial evidence supports the trial court’s findings and conclusions that retaliation was a substantial factor in NSI’s termination of . . . [the contractor,] we affirm the trial court’s judgment.”

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ULP Alleges School District Provided Union with False Information

By Therese Norton

misleadingThe Public Employment Relations Commission (PERC) vacated an order dismissing the International Union of Operating Engineers, Local 609’s unfair labor practice complaint against the Seattle School District.  Seattle School District, Decision 11995-A (PECB, 2014). The union had alleged the School District had provided false and misleading information in response to its information request regarding placing an employee on administrative leave.  The District must now file its answer to the complaint, and the matter can proceed to a full evidentiary hearing.

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PERC Dismisses Objections to Decertification Election

By Therese  Norton

voting-symbolsA group of individuals petitioned the Public Employment Relations Commission (PERC) to decertify the Public School Employees of Washington/Puyallup Association of Education Office Personnel as the exclusive bargaining representative of clerical employees at the Puyallup School District. Following a mail ballot election, the employees chose to remain represented by the union. The group subsequently alleged that the union engaged in objectionable conduct that affected the results of the election. In Puyallup School District, the Commission dismissed the election objections brought by the group.  Decision 12067 (PECB, 2014).

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PERC Affirms Ruling Union Improperly Circumvented Employer’s Designated Collective Bargaining Rep

By Therese Norton

bargaining 2In Kiona Benton School District, the Public Employee Relations Commission affirmed Examiner Coss’s finding that the Kiona Benton Education Association, the Union that represents certain teachers in the School District, breached its good faith bargaining obligation under State collective bargaining laws by refusing to communicate with the District’s designated collective bargaining representatives.

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