Archives for April 2013

April 26, 2013 By

PERC Finds that Unilateral Implementation Following Negotiation with a Fixed Outcome is an Unfair Labor Practice

By Therese Norton

In Yakima Valley Community College,11326-A (PECB, 2013), the Commission found that the employer breached its good faith bargaining obligation when it unilaterally implemented its proposal, after it approached bargaining with a fixed outcome in mind to reduce wages. Contrary to the employer’s assertions that it was bargaining under budgetary terms imposed by the Legislature, the Commission found that the parties were not at a good faith impasse in bargaining and that unilateral implementation was not warranted because there was time to bargain the impact of the reduction of the employer’s budget on the bargaining unit.  Therefore, it concluded, the employer acted improperly when it unilaterally implemented a temporary change to employee wages and work hours. 

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Filed Under: Bad Faith Bargaining, Duty to Bargain, Public Sector Collective Bargaining Rights
April 26, 2013 By

Oregon Supreme Court “Waiver” Ruling Consistent with Washington Law

By Jim Cline

The recent ruling of the Oregon Supreme Court in Association of Oregon Corrections Employees v. Oregon discussed on our blog, coincides with the Washington approach to contractual waivers.  PERC has consistently ruled that waivers must be subject specific and that broad management rights language does not constitute a waiver of collective bargaining rights.

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Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
April 12, 2013 By

Increase in Parking Fees Is a Mandatory Subject of Bargaining

By Therese Norton

In King County, Decision 11319-A (PECB, 2013), the Commission affirmed Examiner Karyl Elinski’s decision that King County engaged in an unfair labor practice when it unilaterally changed the parking fees it charges to members of the King County Corrections Guild in its parking garage.  The Commission explained that it has long recognized that changes to employee parking are a mandatory subject of bargaining because it impacts employee working conditions. [Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
April 5, 2013 By

More Legal Problems for the City of Mountlake Terrace as PERC Hearing Examiner Cites Police Chief Greg Wilson for Repeated Labor Law Violations

By Jim Cline

In a recent blog article, we cited the recent difficulties involving the City of Mountlake Terrace and its police department.  Although many of those issues involved Assistant City Manager Scott Hugill, a fair number of the issues involved Police Chief Greg Wilson.  In a decision just released by PERC hearing examiner Robin Romeo, Wilson was found to have committed numerous ULPs. [Read more…]

Filed Under: Public Sector Collective Bargaining Rights
April 1, 2013 By

When Unrelated Medical Issue Forced Retirement, Despite Proven Harassment, Former Firefighter Could Not Claim an Adverse Employment Discrimination Action

By David E. Worley

In Derr v. Kern Cnty. Fire Dep’t, 117 FEP Cases 29 (Cal. Ct. App. 2013), the court affirmed the dismissal of claims of retaliation and discrimination of a firefighter who was subject to a hostile work environment at the hands of his supervisor who harbored staunchly homophobic views.  The plaintiff, who has a homosexual daughter, claimed his supervisor continually harassed him, and even after their shifts were changed, the supervisor went out of his way to find the plaintiff and make harassing comments to him.  While the court found that no adverse employment action occurred that would support the claims of discrimination and retaliation, the plaintiff had made a clear case of workplace harassment.  [Read more…]

Filed Under: Employment Discrimination, Sexual Orientation Discrimination