November 22, 2013 by

Court of Appeals Affirms PERC Ruling That UW Committed a ULP by Conditioning Wage Increase on Change in Representation

By Therese Norton

In a recent decision, the Washington Court of Appeals reinforced the fundamental right state employees have in Washington “to bargain collectively through representatives of their own choosing” and not one unilaterally imposed by the employer. Division One Court of Appeals affirmed the Public Employee Relations Commission’s ruling that the University of Washington committed an unfair labor practice when it insisted on moving a group of hospital employees to a bargaining unit represented by a different union as a condition of reallocating them to a position with a higher pay grade. 

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Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights, Representation and Unit Determination
November 20, 2013 by

PERC Finds That Master and Mates Union Did Not Breach Duty of Fair Representation in Contract Ratification Vote

By Therese Norton

In a recent decision, PERC Hearing Examiner Page A. Garcia held that the International Organization of Masters, Mates and Pilots union provided employees with adequate notice and opportunity to vote on the ratification of tentative agreements the union had negotiated with the Washington State Ferries. Washington State Ferries, Decision 11899 (MRNE, 2013).

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

If Retroactive Changes in Insurance are Unlawful, Does That Mean an Employer Retroactive Insurance Proposal is a Nonmandatory Subject of Bargaining?

By Jim Cline

Pending in the Court of Appeals, the August ruling by Pierce County Judge James Orlando, holding that an interest arbitration order by Arbitrator Howell Lankford that Kitsap County Deputies incur a retroactive increase in their insurance premiums, was unconstitutional and unlawful. Earlier this month, we discussed the detailed legal theories involved in Orlando’s ruling. But, a new question concerning the scope of bargaining under PERC law is raised by Orlando’s ruling: if a retroactive change in health insurance premiums or benefits is unconstitutional or unlawful, does that remove it from the scope of bargaining?

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Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
November 6, 2013 by

PERC Reverses Examiner and Finds WSU Engaged in Bad Faith Bargaining with Roofers Union

By Therese Norton

In Washington State University, the Public Employment Relations Commission upheld an appeal by a union that WSU committed an unfair labor practice, reversing the Hearing Examiner. The union alleged that WSU unlawfully contracted out a roof repair project and breached its good faith bargaining obligation in the manner in which the employer invoked a contractual time limit for bargaining. With one Commissioner absent, the divided remaining two commissioners were split on the “skimming” charge, so the Examiner decision that no skimming occurred stands.  But, the Commission determined that 13 other pending bargaining demands were improperly ignored by WSU.

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Filed Under: Bad Faith Bargaining, Duty to Bargain
November 1, 2013 by

PERC Affirms Finding That Increased Workload is a Mandatory Subject of Bargaining

By Therese Norton

The Public Employment Relations Commission recently affirmed Examiner Romeo’s ruling that Washington State University (WSU) refused to bargain with the Public School Employees of Washington union when it failed to bargain an increase in employees’ workloads caused by a layoff.  Washington State University, Decision 11704-A (PSRA 2013).

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Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights, Scope of Bargaining
October 30, 2013 by

PERC Examiner Finds no Discrimination against Port of Seattle Police Shop Steward Despite Critical Comments

By Therese Norton

In Port of Seattle, Hearing Examiner Emily Martin found that the Port did not discriminate against Officer Brian Torre, the Shop Steward for the Teamsters Local 117 Commissioned Officers Bargaining Unit. Although Officer Torre was engaged in protected activity by serving as a shop steward, the union member could not show that he was “deprived of an ascertainable right or benefit” when the Port’s sole adverse action was to “coach” him on “providing better customer service.” Examiner Martin also found criticism of Officer Torre by Commander Jon Hornbuckle, who was also a Teamster shop steward for the supervisor’s unit, did not constitute unlawful interference.

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Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
October 23, 2013 by

PERC Examiner Finds that Union’s Refusal to Communicate with Employer’s Designated Collective Bargaining Rep is a ULP

By Therese Norton

Both unions and employers have the right to designate who represents them in the collective bargaining process. In Kiona Benton School District, PERC Hearing Examiner Guy Coss ruled, without a hearing, after a motion for “summary judgment”, that the Kiona Benton Education Association breached its duty to bargain in good faith by refusing to bargain with the School District’s designated collective bargaining representatives.

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Filed Under: Bad Faith Bargaining, Duty to Bargain, Public Sector Collective Bargaining Rights
October 23, 2013 by

PERC Examiner Rules WSP Interfered with Union Rights when it Ordered Trooper’s Association Rep Not to Interview Potential Witnesses in a Discipline Matter

By Therese Norton

A union representative is generally permitted to assist a fellow union member who is facing a discipline investigation. But, does that assistance include speaking with potential witnesses?  And if so, when can a union representative speak with those potential witnesses?

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Filed Under: Bad Faith Bargaining, Duty to Bargain, Public Sector Collective Bargaining Rights
October 23, 2013 by

PERC Examiner Finds that Employer Engaged in Regressive Bargaining of Wages

By Therese Norton 

Regressive bargaining occurs when one party at the bargaining table in some manner attempts to make a proposal that is less attractive than the proposals it had previous advanced.  In City of Tacoma, PERC Hearing Examiner Claire Nickleberry found that the City breached its good faith bargaining obligation by making a regressive wage proposal. [Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
October 23, 2013 by

Ferry Workers Use of a Shed as a Break Room is a Mandatory Subject of Bargaining

By Therese Norton

In Washington State Ferries, Examiner Whitney concluded that the Washington State Ferries committed an unfair labor practice (ULP) when it unilaterally eliminated a Kingston Ferry shed that ferry workers used as a break room, without providing the Inland Boatman’s Union an opportunity to bargain.  The employer was ordered to reinstate the shed break room.   Washington State Ferries, Decision 11825 (MRNE, 2013). [Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
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