By Rick Gautschi

 In University of Washington, Decision 11414 (PSRA, 2012), the University of Washington’s Harborview Medical Center, operated a Patient Access Center (PAC).  Employees in the PAC were part of a collective bargaining unit.  In 2010, the employer decided to consolidate the operations of the PAC with another unit, into a new Contact Center (CC).  Subsequently, the employer informed the PAC’s employees they would have to apply for positions in the CC and would not be part of the bargaining unit.  Later, the union filed a unit clarification petition and an unfair labor practice complaint alleging that employer had committed refusal to bargain and interference violations by consolidating the PAC functions into the CC because the employees who performed the functions that were previously performed by employees in the PAC would not be part of the bargaining unit.  The clarification petition was held in abeyance pending the outcome on the unfair labor practice complaint.  In 2011, the union made a demand to bargain and sent the employer a request for information about changes to the hours of operation and employee schedules at the CC.  Subsequently, the union reiterated its demand to bargain and reminded the employer of the request for information.  Over a period of approximately six months the union made six demands to bargain and four requests for information.  During that period, a hearing examiner ruled that the employer did not have to bargain the decision to consolidate operations, but it did have a duty to bargain the effects of the consolidation.  Regardless, the employer refused to bargain and to provide information to the union.  In the employer’s view the decision was of no effect because the employer had appealed the decision to the Commission. 

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