April 17, 2024 By

Snohomish Corrections Guild Misfires Widely, Excoriated by Examiner in Dismissal of all Eleven of its ULP Claims

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.

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Filed Under: Discipline, Duty to Bargain
April 17, 2024 By

PERC Examiner Holds Reallocation of DSHS Investigators to Non-bargaining Unit Position Constitutes ULP

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.

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Filed Under: Duty to Bargain
April 15, 2024 By

PERC Examiner Dismisses Discrimination Complaint Against City of Seattle, Finding Administration Assignment did not Trigger Deprivation of Rights

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.

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Filed Under: Discrimination and Retaliation
April 12, 2024 By

PERC Examiner Holds that Corrective Attempts to Temperamental, Underperforming DSHS Employee is Not Discriminatory

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.

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Filed Under: Discipline
April 12, 2024 By

Examiner Finds that Spokane Teacher’s Union Breached Duty of Fair Representation in by Refusing to Share Notes 

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.

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Filed Under: Representation and Unit Determination
April 10, 2024 By

Examiner Dismisses Complaint of Discrimination in Washington State Department of Child, Youth, and Families for Employee who Violated Records Access Rules

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.”

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Filed Under: Discrimination and Retaliation
December 19, 2023 By

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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Filed Under: _
December 19, 2023 By

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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Filed Under: Discipline
December 18, 2023 By

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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Filed Under: Discrimination and Retaliation
December 18, 2023 By

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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Filed Under: Discipline
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