Archives for August 2014

PERC Affirms Ruling Union Improperly Circumvented Employer’s Designated Collective Bargaining Rep

By Therese Norton

bargaining 2In Kiona Benton School District, the Public Employee Relations Commission affirmed Examiner Coss’s finding that the Kiona Benton Education Association, the Union that represents certain teachers in the School District, breached its good faith bargaining obligation under State collective bargaining laws by refusing to communicate with the District’s designated collective bargaining representatives.

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Court Holds That Teacher’s Termination File Can Be Disclosed Under The Public Records Act

By Jordan L. Jones

appleIn Martin v. Riverside Sch. Dist. No. 416, the Washington Court of Appeals, Division Three, held that: (1) a teacher’s records were not exempt from disclosure pursuant to the personal information and the investigative records exemptions of Washington’s Public Records Act (PRA), and (2) disclosure of the records did not violate the right to privacy.

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Religious Non-Profits Exempt from WLAD, Not a Violation of State Establishment Clause

By Kasey Burton
justice-scales-cross-cc2The Washington Supreme Court held that the religious non-profit organization exemption set forth in the Washington Law Against Discrimination’s (WLAD) definition of “employer” does not violate the state privileges and immunities clause, and does not implicate the State’s establishment clause.

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Washington Appeals Court Finds County Employee Is Not Entitled To Compensation For Commuting To Job Site

By Jordan L. Jones

construction-signIn Jensen v. Lincoln County, the Washington Court of Appeals, Division Three (Appeals Court) held that a County Crusher Foreman (Grievant) was not entitled to compensation for the time he spent driving to job sites. The Appeals Court found that the time the Grievant spent commuting to work did not fall under the definition of “hours worked” as defined by the Washington Department of Labor and Industries (DLI).

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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.

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