“Required” is Synonymous with “Mandatory”—At Least in The Context of Mukilteo Firefighter CBA Negotiated Overtime

By Anthony Rice

working_overtimeIn City of Mukilteo, Arbitrator Steve Irvin ruled that the city did not violate its collective bargaining agreement (CBA) with the firefighters’ union when it assigned mandatory overtime to cover a public education event. The arbitrator found that, under the CBA, the city has the contractual right to assign overtime to meet its operational needs. Moreover, the city has a broad spectrum of possibilities for overtime use—such as public education.

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Washington State Supreme Court Rules, Once Again, That “Final and Binding” Decisions Are in Fact “Final and Binding”

By Jim Cline

Just last month, we wrote about a recent Ninth Circuit decision involving the Oregon Marion County Sheriff’s Office, in which the Ninth Circuit ruled that the enforcement of an arbitration award might be an enforceable “property interest” within the meaning of the due process clause.  In that same article, we noted that this might provide labor organization an additional tool for enforcing arbitration awards.  We also noted the 2009 Kitsap County Deputy Sheriffs’ Guild Supreme Court decision holding that “final and binding” decisions were, well, “final and binding”:

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Ninth Circuit Decision May Provide an Additional Tool for Enforcement of Arbitration Decisions

By Jim Cline

A recent Ninth Circuit Court of Appeals decision made to provide labor organizations an additional tool in their efforts to enforce final and binding arbitration awards.  As explained in our recent article, in addition to enforcing such awards under State contract law, labor organizations in concert with the affected employee, may be able to argue that refusal to abide by “final and binding” arbitration awards also constitute a violation of constitutional due process rights.

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Mountlake Terrace Officer’s Termination Overturned: Arbitrator Awards Reinstatement and Back Pay

By Cynthia McNabb

On January 6, 2013, Officer Tam Guthrie of the Mountlake Terrace Police Department was ordered reinstated to his position as an Officer for the City of Mountlake Terrace.  Arbitrator Mark Brennan also awarded that the City of Mountlake Terrace pay full back pay and benefits to Tam Guthrie from the date of termination based on his findings that the City of Mountlake Terrace did not have just cause to terminate the longtime employee. [Read more…]