Archives for May 2013

May 31, 2013 By

Examiner Dismisses ULP Charge Where Charge is Untimely and There is No Change to Vacation Accrual Policy

By Therese Norton

In general, PERC will dismiss an unfair labor practice charge if it is not filed within six month. On May 13, 2013, PERC Examiner Casey King dismissed a ULP charge brought by the Walla Walla Commissioned Deputy Sheriff’s Association against Walla Walla County.  The union asserted that Walla Walla County had unilaterally changed its policy regarding forfeiture of unused vacation time.  Examiner King dismissed the charge as untimely, and even if it was filed timely, the union failed to establish that the county had changed the policy. Walla Walla County, Decision 11751 (PECB, 2013)

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Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights, Scope of Bargaining
May 23, 2013 By

Correction Officer’s Conduct Deemed Too Profane and Unreasonable to Be Protected Activity

By Therese Norton

Protected union activity is not an absolute right when it becomes unreasonable.  In a recent decision, PERC Examiner Casey King determined that the State of Washington Corrections did not discriminate against, or interfere with the rights of Local 117 union steward Darren Kelly when it reassigned Mr. Kelly out of his bid position.  Examiner King reached this decision finding that Mr. Kelly had not engaged in protected activities.  State –Corrections, Decision 11747 (PSRA, 2013) [Read more…]

Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
May 23, 2013 By

Police Officer Who Asserted His Weingarten Rights Held Insufficient to Support Discrimination Claim When He Had a Long History of Discipline

By Therese Norton

In a recent PERC decision, Examiner Slone-Gomez dismissed a union discrimination claim because the union was unable to prove that the employer discriminated against a bargaining unit member by terminating him in reprisal for union activities.  City of Centralia, Decision 11687 (PECB, 2013).

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Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
May 17, 2013 By

Hearing Examiner Finds That Employer Must Bargain Over Increased Workload Caused by Layoff

By Therese Norton

PERC Hearing Examiner Robin A. Romeo partially upheld an unfair labor practice complaint filed by the Public School Employees of Washington on behalf of a group of custodial employees employed by Washington State University.  The complaint alleged that the employer refused to bargain when it laid-off a bargaining unit member, which substantially increased the workload of the remaining workers in violation of the Personnel System Reform Act, Chapter 41.80 RCW.  Examiner Romeo found that although the decision to layoff the employee was not a mandatory subject of bargaining, the employer must still bargain with the union over the increased workload because the decision impacts working conditions. Washington State University, Decision 11704 (PSRA, 2013). 

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Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights, Scope of Bargaining
May 10, 2013 By

Commission Affirms Examiner Finding of Discrimination and Interference by SNOCOM 911 Dispatch Center

By Christopher Casillas

The three-member Commission, hearing an appeal in a complex case involving numerous allegations of discrimination and interference involving the SNOCOM 911 Regional Dispatch Center, recently affirmed a decision issued by the Hearing Examiner sustaining numerous unfair labor practice charges.  The case originally involved nearly a dozen and one-half independent allegations of unfair labor practices alleged by the SNOCOM Dispatchers’ Association, many involving a strong anti-union bias by SNOCOM’s Director, Debbie Grady, against the then-President and Vice President of the Association.  In an abbreviated decision, the Commission upheld all of the Examiner’s findings and conclusions outlining the scope of SNOCOM’s unlawful behavior.

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Filed Under: Public Sector Collective Bargaining Rights