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

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 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
August 3, 2023 By

PERC Examiner Finds King County Corrections Guild Did Not Violate Duty of Fair Representation by Not Grieving Muslim Officer’s Vaccination Related Discharge

By Jim Cline and Abagail Klonsinski

In King County Corrections Guild, Examiner Slone-Gomez dismissed a case after finding a King County Corrections Officer failed to show that his union had breached its duty of fair representation (DFR) by refusing to file a grievance regarding his involuntary separation from the County.

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Filed Under: Public Sector Collective Bargaining Rights
November 22, 2022 By

PERC Dismisses Two Petitions to Sever Certain Police Support Employees from Units of City Employees

By Jim Cline and Kim Lowe

In City of Bellingham and City of Issaquah, PERC Executive Director Sellars ruled that both units would stay intact, dismissing severance petitions that would have broken certain police support employees from the larger units. Director Sellars found that the disputed employees and their existing unit still share a community of interest in spite of certain member dissatisfaction issues. Sellars also noted that severance in Issaquah would create work jurisdiction disputes that did not exist before.

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Filed Under: Public Sector Collective Bargaining Rights
May 25, 2022 By

Where the Sun Don’t Shine: Spokane County Can’t Require Unions to Agree to Public Negotiations

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.

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Filed Under: _, Duty to Bargain
May 25, 2022 By

Melting Snowflakes: PERC Hearing Examiner holds that Union Rep’s Abusive Outbursts Crossed the Line into Bad Faith Bargaining

By Jim Cline and Stephen Hatton

In Ben Franklin Transit, Hearing Examiner Dario De La Rosa found that a Teamsters Union Representative had engaged in bad faith bargaining because of his hostile, discriminatory, and abusive conduct at the bargaining table.

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Filed Under: Duty to Bargain
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