PERC Examiner Holds Employer Unlawfully Circumvented the Union When It Negotiated Directly With Employees Over Hours of Work

By: Chris Casillas and Sarah E. Derry

In Skagit Regional Health, PERC Examiner Emily K. Whitney held that the employer, which operates a cancer care clinic in Mount Vernon, Washington, improperly circumvented the union when it met with employees to discuss changing their work hours, rather than bargaining the change through the union.

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PERC Examiner Holds Employer Did Not Unlawfully Implement New “Program Prioritization Process” Because the Program Was Not a Mandatory Subject of Bargaining

By: Chris Casillas and Sarah E. Derry

In Green River College, PERC Examiner Jamie Siegel held that the employer, Green River College, a college in Auburn, Washington, did not commit an unfair labor practice when it implemented a new “Program Prioritization Process” (PPP) without bargaining. Examiner Siegel determined that the new program was not a mandatory subject of bargaining, so the employer was not obligated to negotiate its decision prior to implementation.

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PERC Examiner Holds No Discrimination or Interference When Outspoken Union Member’s Disability Leave Cancelled

By: Chris Casillas and Sarah E. Derry

In State-Washington State Patrol, PERC Examiner Slone-Gomez dismissed the Washington State Patrol Troopers Association’s complaint, holding that the State did not cancel a union board member’s temporary disability leave in reprisal for his union activities.

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Vancouver Call Center Employee Cannot Use Long-Standing Disability as Excuse for Recent Poor Performance and New Accommodations

By: Loyd Willaford and Mathias Deeg

In Mesmer v. Charter Communications Inc., the U.S. District Court for the Western District of Washington held that Charter Communications did not wrongfully fire or need to accommodate a call center employee suffering from Post-traumatic Stress Disorder where that employee’s poor performance was independent of his disability.

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PERC Examiner Dismisses Renton Police Officers’ Guild’s Unfair Labor Practice Complaint Over Compensation For Bicycle Officers, Finding Guild Already Knew About The Change

By Chris Casillas and Sarah E. Derry

In City of Renton, PERC Examiner Coss dismissed the Renton Police Officers’ Guild’s Unfair Labor Practice complaint, which challenged the pay scheme for bicycle officers. The Examiner held that, contrary to the Guild’s allegations: (1) the City did not engage in direct dealing with Officers when it created a new payment method; (2) the Guild had actually agreed to end the alternate payment method and so the City did not unilaterally change the bike pay; and (3) the Guild’s complaint was barred by the statute of limitations.

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Washington Court of Appeals Finds Kitsap County Must Bargain Over Decision To Lay-Off Corrections Officers

 

man with clasped hands over termination of employment documentBy: Erica Shelley Nelson and Sarah Burke

In a precedent setting case, in Kitsap County v. Kitsap Cty. Corr. Officers’ Guild Inc., the Court of Appeals held that the County committed an unfair labor practice when it laid off two corrections officers without negotiations with the Kitsap County Corrections Guild. Facing the Guild’s demand to bargain, the County refused to bargain over the decision, asserting that the layoffs were not a mandatory subject of bargaining  The Court held that negotiations must precede the lay off decision.

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Washington Court of Appeals Finds Police Officer Cannot Demonstrate He Involuntarily Resigned After Loudermill Hearing

By:  Erica Shelley Nelson and Sarah Burke

oktoberfest-beer-clipart-1In Celis v. City of Lakewood, a Hispanic officer alleged that he was constructively discharged after he resigned pending a disciplinary determination after his Loudermill hearing. The Court found that the officer’s fear of potential termination and decommission was not enough to amount to constructive discharge and granted the City’s motion for summary judgment.

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PERC Holds That Millwright Union Committed A Unfair Labor Practice When It Submitted A Permissive Subject Of Bargaining To Interest Arbitration

By: Jordan L. Jones

bus-stop-transit-blue-clip-artIn King County (Amalgamated Transit Union, Local 587), PERC held that ATU Local 587 committed a ULP when it submitted a permissive subject of bargaining to interest arbitration. Examiner De La Rosa found that King County’s decision to move the Millwrights from the Vehicle Maintenance Section to the Power & Facilities Section was a managerial prerogative and therefore a permissive subject of bargaining.

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PERC Holds That The Walla Walla Police Guild Did Not Waive By Inaction Its Right To Bargain A Department Policy Change

By: Jordan L. Jones

gun2In City of Walla Walla, PERC held that the Walla Walla Police Guild did not waive by inaction its right to bargain a department policy change.

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The Commission Adopts A New Standard For Determining Whether An Employer Has A Duty To Bargain A Decision To Contract Out Bargaining Unit Work

By: Christopher J. Casillas & Jordan L. Jones

In Central Central WAWashington University, the Commission concluded that the existing standard for determining whether an employer had a duty to bargain a decision to contract out bargaining unit work was confusing and adopted a new standard. The Commission also affirmed the Examiner’s decision that (1) the employer contracted out bargaining unit work and (2) that the employer failed to provide requested information. The Commission reversed the Examiner’s decision and found that the employer circumvented the union and modified the remedy to include a monetary remedy for the employer’s failure to bargain the decision to contract out bargaining unit work.

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