August 5, 2014 by

PERC Examiner Rejects Double Jeopardy Investigation and Monetary Fine in Ethics Discipline Case

By Therese Norton

Street LightAn Employer may not unilaterally change disciplinary procedures without first notifying the Union and, if requested, bargain the change. In City of Seattle, Public Employment Relations Commission (PERC) Examiner Jessica Bradley found that Seattle City Light Department refused to bargain with the International Brotherhood of Electrical Workers, Local 77, in violation State collective bargaining laws by unilaterally implementing a second disciplinary process in conflict with the disciplinary procedure contained in the party’s collective bargaining agreement.

[Read more…]

Filed Under: Scope of Bargaining
June 3, 2014 by

Trial Court Ordered To Reconsider Whether County Facing Budget Shortfall Must Bargain Layoffs

By Chris Casillas

gavelA Washington Court of Appeals recently sent a case involving Kitsap County’s decision to layoff two corrections officers back to the Trial Court for further consideration.  In Kitsap County v. Kitsap County Correctional Officers’ Guild, Inc., the Appeals Court determined that the Trial Court erred when it failed to conduct the required Balancing Analysis to determine whether the County’s decision to layoff two corrections officers, based on an alleged jail budget shortfall, was a mandatory or permissive subject of bargaining. [Read more…]

Filed Under: Scope of Bargaining
April 18, 2014 by

PERC Examiner Finds No Discrimination in Temporary Demotion Caused by Unrelated Funding and Workload Issues

By Therese Norton

DemotionIn Seattle School District, PERC Examiner Emily Whitney dismissed a discrimination complaint brought by the Seattle/King County Building and Construction Trades Council against the Seattle School District. The Trades Council had alleged that the School District discriminated against a foreperson in the sheet metal shop when it demoted him after laying off two other staff members.

[Read more…]

Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
April 18, 2014 by

College Satisfied Required Effects Bargaining of Change in Technology

By Therese Norton

BargainIn Seattle Community College, the American Federation of Teachers, Local 1789 alleged that the College committed a refusal to bargain violation when it unilaterally changed which online Learning Management System (LMS) it used without an opportunity to bargain the decision or the effects of the decision. PERC Examiner Casey King concluded that the decision to change the technology was not a mandatory subject of bargaining and that the College had sufficiently bargained the effects of its decision.

[Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights, Scope of Bargaining
April 11, 2014 by

PERC Affirmed Ruling of No Discrimination and No Interference by Port of Seattle Against Shop Steward

By Therese Norton

Arb DecisionsIn Port of Seattle, the Public Employee Relations Commission affirmed Examiner Martin’s ruling that the Port of Seattle did not discriminate against a shop steward when a supervisor “coached” him in his duties.  Decision 11848-A (PECB, 2014). The Commission also affirmed Examiner Martin’s ruling that the Port of Seattle did not interfere with the shop steward’s collective bargaining rights through statements made by his supervisor.

[Read more…]

Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
March 28, 2014 by

PERC Examiner Finds Employer Removal of Union Posters is Not a ULP

By Therese Norton

Bulletin BoardIn Kittitas County Public Hospital District 1, PERC Examiner Page Garcia dismissed the Washington State Nurses Association’s complaint that Kittitas Valley Healthcare refused to bargain in violation of state labor law by making a unilateral change to the past practice of allowing the Association to post its materials at the hospital. Decision 11992 (PECB, 2014). Generally, union use of bulletin boards has been found to constitute a mandatory subject of bargaining, and in this case, the Examiner again determined that any change in how bulletin boards were used at the hospital would have to be bargained with the union. Ultimately, however, Examiner Garcia ruled that the Association failed to establish the existence of a past practice to post materials at all department break room bulletin boards, in addition to the single union designated bulletin board.  As a result, the union could not carry its burden that a unilateral change violation had occurred. [Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights, Scope of Bargaining
January 10, 2014 by

PERC Dismissal of Untimely Lake Washington School District ULP Serves As Important Reminder to Pay Close Attention to All Timelines

By Jim Cline

 DeadlineA recent decision by PERC hearing examiner in Lake Washington School District and described in more detail in our recent blog article serves as an important reminder to pay close attention to all timelines. Although this decision arose in the context of an unfair labor practice complaint and PERC six-month statute of limitations, the same lesson applies in the processing of grievances under your labor contract.

[Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
January 9, 2014 by

PERC Examiner Dismisses Lake Washington School District ULP Due to Untimeliness

By Therese Norton

Dismissed 2In Lake Washington School District, Examiner Page A. Garcia dismissed the International Brotherhood of Electrical Workers, Local 46’s skimming complaint as untimely under Chapter 41.56 RCW.  The examiner concluded that the District provided “clear and unequivocal notice” to IBEW Local 46 in a letter to the union’s business representative, which falls outside of the six-month statute of limitations. Lake Washington School District, Decision 11913 (PECB, 2013)

[Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
December 20, 2013 by

PERC Examiner Rules State Government Collective Bargaining Statute Does Not Create Independent Right for Employers to Allege Union Interference

By Therese Norton

In a reStatutecent decision, PERC Hearing Examiner Robin A. Romeo dismissed an interference complaint brought by some state community colleges against the Washington Public Employees Association (WPEA). Bellevue Community College, Decision 11469-A (PSRA, 2013). The community college employers alleged that WPEA had interfered with its right to select its bargaining representative, a multi-college coalition representative called the Labor Relations Office (LRO). They alleged WPEA committed an unfair labor practice when it communicated directly with the employer and attempted to sever the relationship between the colleges and the LRO. Examiner Romeo looked at the specific language of the Personnel System Reform Act of 2002 (the law covering collective bargaining for most Washington State government employees) and concluded, “Nowhere in the statute does it state that it is an unfair labor practice for an employee organization to interfere with or discourage an employer in its choice of representative.”

[Read more…]

Filed Under: Public Sector Collective Bargaining Rights, Representation and Unit Determination
December 6, 2013 by

Failure of Pacific County to Consider Mitigating Factors for Deputy Alleged to Have Mishandled Dog Bite Case, Bites County in the Butt

By Anthony Rice

In Pacific County, Arbitrator Guy Coss (PERC staff examiner assigned to arbitrate) found the County lacked just cause for suspending a sheriff’s deputy since the County failed to consider mitigating factors in a dog bite case. [Read more…]

Filed Under: Public Sector Collective Bargaining Rights
« Previous Page
Next Page »