Archives for December 2023

PERC Examiner Holds No Breach of Duty of Fair Representation by King County Metro in Withdrawing Grievances

By Jim Cline and Abagail Klonsinski

In King County Metro, Examiner Todd granted summary judgment for the Union, finding that the Union did not breach their duty of fair representation (DFR) when it withdrew his grievance from arbitration. The Complainant ultimately failed to produce evidence which showed the Union had acted in an arbitrary manner or bad faith when making their decision, so summary judgment was appropriate in favor of the Union.

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Arbitrator Reinstates King County Officer Following Double Jeopardy Violation

By Jim Cline and Abagail Klonsinski

In King County, Arbitrator Khoury sustained the grievance of a law enforcement officer in part, holding there had been failures on both sides, but that termination was not supported when one of the factors used to escalate discipline violated the principle of double jeopardy.

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PERC Examiner Finds Benton County Rightfully Assigned Injured Corrections Officer to Light Duty

By Jim Cline and Abagail Klonsinski

In Benton County, PERC Examiner Leonard dismissed the complaint alleging that the employer discriminated when it denied the complainant light duty.  Leonard concluded that there was insubstantial evidence to support complainant’s argument that his union activity was a substantial motivating factor in placing him on light duty.

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No Progressive Discipline Granted to City of Port Angeles Officer Charged of Dishonesty

By Jim Cline and Abagail Klonsinski

In City of Port Angeles, Arbitrator Susan Bauman found there was just cause to terminate a patrol officer who failed to meet the Department’s standards of ethical conduct. The Officer had failed to timely file a report regarding a potential sexual assault and was untruthful throughout an Internal Affairs investigation, which she concluded supported termination rather than lesser progressive discipline.

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