The latest case law and legal developments in Washington labor & employment law.
By Jim Cline and Peter Haller
In WA Interpreters v. PERC and Dept of Labor & Industries, the Washington State Court of Appeals affirmed a PERC decision which ruled that the bargaining rights of interpreters were not violated when the Department of Labor and Industries (L&I) implemented a new policy during the pendency of a representation petition. The policy at issue related to working conditions as it controlled how the interpreters could schedule appointments and receive payments.
By Jim Cline and Peter Haller
In City of Seattle, [City of Seattle, Decision 137535-A (PECB, 2024)] the PERC Commission overturned an errant Examiner ruling and held that the complaining employee suffered an “adverse action” upon which a discrimination claim could be made when he was placed on administrative leave with pay pending an investigation. The Commission partially overturned the prior dismissal of the case on these grounds by the Examiner who held that administrative leave could not be the basis for a discrimination charge. Nonetheless, the employee won that battle but lost the war when the Commission dismissed the complaint for lack of adequate proof of discriminatory intent.
By Jim Cline & Peter Haller
In Bethel School District, Examiner Whitney partially dismissed a complaint that alleged that the Employer had engaged in direct dealing even though it had directly proposed a plan to employees without union representation present and misreported the status of the meetings to the union.
By Jim Cline and Peter Haller
In Hubert Gilmore v Teamsters 839, a Benton County corrections officer filed a ULP complaint against his Union alleging that it breached its duty of fair representation when it declined to pursue a grievance related to a newly adopted agreement that affected shift hours. Examiner Leonard of PERC dismissed the complaint because the corrections officer failed to ever seek Union assistance on the matter.
By Jim Cline
In a decision using scorching language in Snohomish County, Examiner Leonard entirely dismissed all 11 claims the Snohomish County Corrections Guild filed against Snohomish County. While the claims varied in issue, Examiner Leonard found that for each allegation, the Guild did not support their claims with sufficient evidence, failing to upload their burden of proof. The Guild’s conduct was characterized as reprehensible by the Examiner as he discussed whether to impose attorney fees for multiple frivolous claims.
By Jim Cline
In Washington State Department of Social and Health Services, Examiner Elizabeth Snyder found that the Washington State Department of Social and Health Services (Employer) unilaterally changed working conditions for two Washington Federation of State Employees (Union) employees when it removed their new positions from the bargaining unit. The Employer’s unilateral change constituted a refusal to bargain because it changed the conditions of the employees’ employment and impacted working conditions, which are a mandatory subject of bargaining.
By Jim Cline
In City of Seattle, Examiner Christopher Casillas dismissed a complaint after finding the Complainant failed to satisfy each element necessary for a discrimination prima facie case. The Complainant had been placed on administrative reassignment while the City investigated an incident involving Complainant; however, he did not lose any pay, leave, or benefits while on reassignment, and thus, failed to prove a deprivation of rights.
By Jim Cline
In Washington State Department of Children, Youth, and Families, Examiner Casillas dismissed the case, holding that Complainant failed to prove her employer had discriminated against her for engaging in a protected activity. Examiner Casillas found that management had engaged in multiple non-disciplinary attempts to correct Complainant’s behavior over several years and that Complainant failed to provide any evidence such corrective attempts were the result of union animus.
By Jim Cline
In Spokane School District, Examiner Hickey held that the Spokane Education Association had violated its duty of fair representation by withholding requested information from an investigatory meeting. Complainant had relied on the Union representative’s promise to share notes, but the representative later refused without citing any legitimate interest for the withholding.
Jim Cline
In Washington State Department of Children, Youth, and Families, Examiner Greer dismissed the complaint, holding that the Employer did not discriminate against the Complainant, who alleged she was terminated after communicating her intent to join a grievance. However, Examiner Greer found the Employer’s reasons for termination “were not pretextual for discrimination, nor substantially motivated by union animus.”
