October 20, 2014 By

Appeals Court Upholds Ruling That A Trucking Company Was Liable For The Retaliatory Discharge Of An Independent Contractor Under The WLAD

By Jordan L. Jones

DiscriminationIn Currier v. Northland Servs., Inc., the Court of Appeals of Washington, Division One (court) upheld a trial court decision that Northland Services Inc. (NSI) was liable for the retaliatory discharge of an independent contractor under the Washington Law Against Discrimination (WLAD). The court found that “[b]ecuase the WLAD applies to this case and substantial evidence supports the trial court’s findings and conclusions that retaliation was a substantial factor in NSI’s termination of . . . [the contractor,] we affirm the trial court’s judgment.”

[Read more…]

Filed Under: Discrimination and Retaliation
April 18, 2014 By

PERC Examiner Finds No Discrimination in Temporary Demotion Caused by Unrelated Funding and Workload Issues

By Therese Norton

DemotionIn Seattle School District, PERC Examiner Emily Whitney dismissed a discrimination complaint brought by the Seattle/King County Building and Construction Trades Council against the Seattle School District. The Trades Council had alleged that the School District discriminated against a foreperson in the sheet metal shop when it demoted him after laying off two other staff members.

[Read more…]

Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
April 11, 2014 By

PERC Affirmed Ruling of No Discrimination and No Interference by Port of Seattle Against Shop Steward

By Therese Norton

Arb DecisionsIn Port of Seattle, the Public Employee Relations Commission affirmed Examiner Martin’s ruling that the Port of Seattle did not discriminate against a shop steward when a supervisor “coached” him in his duties.  Decision 11848-A (PECB, 2014). The Commission also affirmed Examiner Martin’s ruling that the Port of Seattle did not interfere with the shop steward’s collective bargaining rights through statements made by his supervisor.

[Read more…]

Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
September 4, 2013 By

PERC Examiner Finds Washington State Patrol Interfered with Shop Steward’s Inquiries Related to Representing Fellow Unit Member

By Therese Norton

In Washington State Patrol, PERC Examiner Hartrich found that WSP interfered with employee rights when it directed a shop steward not to inquire about relevant facts while preparing to represent a bargaining unit employee in an investigatory interview. Washington State Patrol, Decision 11775 (PSRA, 2013).

[Read more…]

Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
August 30, 2013 By

State Supreme Court Finds That Poor Personnel Management and Labor Contract Violations Can Constitute Grounds for Mayor’s Recall

By Jim Cline

A recent decision by the Washington State Supreme Court appears to be fair warning to elected city officials who mismanage personnel matters and violate employee rights.  In a recent decision, the Washington State Supreme Court approved recall charges against the City of Pacific Mayor on multiple grounds, including poor personnel management practices, employment retaliation, and violating union contracts.

[Read more…]

Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
July 30, 2013 By

The Availability of Other Options besides Resignation is Not Dispositive in a Wrongful Constructive Discharge Claim

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.

[Read more…]

Filed Under: _, Discrimination and Retaliation, Public Sector Collective Bargaining Rights
May 23, 2013 By

Correction Officer’s Conduct Deemed Too Profane and Unreasonable to Be Protected Activity

By Therese Norton

Protected union activity is not an absolute right when it becomes unreasonable.  In a recent decision, PERC Examiner Casey King determined that the State of Washington Corrections did not discriminate against, or interfere with the rights of Local 117 union steward Darren Kelly when it reassigned Mr. Kelly out of his bid position.  Examiner King reached this decision finding that Mr. Kelly had not engaged in protected activities.  State –Corrections, Decision 11747 (PSRA, 2013) [Read more…]

Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
May 23, 2013 By

Police Officer Who Asserted His Weingarten Rights Held Insufficient to Support Discrimination Claim When He Had a Long History of Discipline

By Therese Norton

In a recent PERC decision, Examiner Slone-Gomez dismissed a union discrimination claim because the union was unable to prove that the employer discriminated against a bargaining unit member by terminating him in reprisal for union activities.  City of Centralia, Decision 11687 (PECB, 2013).

[Read more…]

Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
December 14, 2012 By

PERC Hearing Examiner Holds that Employer Permitted to Discipline and Terminate Employees for “Legitimate” Reasons, Even If Employees Also Engaged in “Protected” Conduct

By Kate Acheson

In Kiona Benton School District, Decision 11563 (EDUC, 2012), the union alleged that the employer committed an unfair labor practice, in retaliating against three, school district employees who exercised their statutory right to participate in an earlier PERC ULP proceeding.  PERC hearing examiner Steve Irvin concluded that even though the employees had engaged in protected activities and the employer’s layoffs arguably violated the collective bargaining agreement, the union did not carry its burden of proof that the employer actions were pretextual.

[Read more…]

Filed Under: Discrimination and Retaliation, Employment Discrimination
July 31, 2012 By

Ninth Circuit Reaffirms First Amendment Right of Public Employees to be Free of Retaliation

By Mitchell Riese

The Ninth Circuit Court of Appeals recently clarified the rights that public employees have to not be retaliated against by a supervisor for testifying in a deposition in the context of a civil rights lawsuit. In the case of Karl v. City of Mountlake  Terrace, Martha Karl  filed suit against the City of Mountlake Terrace and Assistant Chief of Police Pete Caw.  Karl was the Confidential Administrative Assistant to the Chief of Police. In 2008, she was subpoenaed to give deposition testimony in a federal civil rights lawsuit filed by former department Sgt. Jonathan Wender.  Wender had brought a lawsuit claiming that he had been fired because of his outspoken criticism of the “war on drugs.” During her deposition, Karl testified that the chief and assistant chief disapproved of Wender’s comments to the press and his outspoken views on the need for drug policy reform, and that Caw had urged the Chief to terminate Wender. Karl also testified that Wender had a reputation for honesty, the chief had a reputation for being dishonest, and Caw had a reputation as a “smooth talker” and “back stabber.” After Karl’s deposition, Caw was allegedly overheard saying that the police department would have to find a way to the “get rid of her.” [Read more…]

Filed Under: Discrimination and Retaliation, Free Speech Rights
« Previous Page