Washington Labor and Employment Blog
The latest case law and legal developments in Washington labor & employment law.
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.
By James Cline and Stephen Hatton
In Spokane County, Decision 13435 (PECB, 2021), PERC Hearing Examiner Erin Slone-Gomez found that the County had violated its duty to bargain in good faith by insisting their negotiation sessions with the Corrections Union be open to the public. She found ground rules for negotiations to be a permissive subject of bargaining.
[Read more…]Jim Cline and Chris Casillas opened the Firm’s Annual Client Training Seminar to announce that they are launching a new partnership. [Read more…]
Cline & Associates welcomes new attorney, Erica Shelley Nelson. Erica received her B.A. in Political Science from Western Washington University in June 2001. She graduated from Gonzaga Law School in 2005, and participated as a member of Gonzaga’s National Trial Team. [Read more…]
By Anthony Rice
In Barnett v. Sequim Valley Ranch, the court upheld a $427,230 jury award for the plaintiffs and former employees of Sequim Valley Ranch. The court held that the plaintiffs’ constructive, wrongful discharge suit was timely filed, and the trial court properly instructed the jury on the elements of a wrongful constructive discharge claim.
By Anthony Rice
In Fey v. Community Colleges of Spokane, the court reversed a $58,000 judgment for the plaintiff Mark Fey, a grounds keeper at Spokane Community College, for the college’s failure to accommodate Fey’s disability. The court ruled that the college is not liable because they were not required to modify the essential functions of a job to accommodate Fey’s terrible vision. [Read more…]
By Jim Cline
The legal woes and legal costs continue to compound for the beleaguered Mountlake Terrace Police Department and its City management team. Within weeks of being ordered by an arbitrator to reinstate police officer Tam Guthrie, the City has now been forced to pay out for the wrongful discharge of a former police secretary, Martha Karl.
By Rick Gautschi
In City of Bellevue, Decision 11435 (PECB, 2012) the union alleged that the employer had committed two unfair labor practices in the collective bargaining process. First, the employer proposed maintaining a “management rights” provision that listed enumerated rights in the existing collective bargaining agreement. When the union proposed deleting the provision, over the union’s objection, the employer insisted on including the provision and on certifying the enumerated items to interest arbitration. Second, the employer bargained to impasse and sought interest arbitration of an attorneys’ fees provision in existing grievance procedure language.
[Read more…]
