May 10, 2013 by

Commission Affirms Examiner Finding of Discrimination and Interference by SNOCOM 911 Dispatch Center

By Christopher Casillas

The three-member Commission, hearing an appeal in a complex case involving numerous allegations of discrimination and interference involving the SNOCOM 911 Regional Dispatch Center, recently affirmed a decision issued by the Hearing Examiner sustaining numerous unfair labor practice charges.  The case originally involved nearly a dozen and one-half independent allegations of unfair labor practices alleged by the SNOCOM Dispatchers’ Association, many involving a strong anti-union bias by SNOCOM’s Director, Debbie Grady, against the then-President and Vice President of the Association.  In an abbreviated decision, the Commission upheld all of the Examiner’s findings and conclusions outlining the scope of SNOCOM’s unlawful behavior.

[Read more…]

Filed Under: Public Sector Collective Bargaining Rights
April 26, 2013 by

PERC Finds that Unilateral Implementation Following Negotiation with a Fixed Outcome is an Unfair Labor Practice

By Therese Norton

In Yakima Valley Community College,11326-A (PECB, 2013), the Commission found that the employer breached its good faith bargaining obligation when it unilaterally implemented its proposal, after it approached bargaining with a fixed outcome in mind to reduce wages. Contrary to the employer’s assertions that it was bargaining under budgetary terms imposed by the Legislature, the Commission found that the parties were not at a good faith impasse in bargaining and that unilateral implementation was not warranted because there was time to bargain the impact of the reduction of the employer’s budget on the bargaining unit.  Therefore, it concluded, the employer acted improperly when it unilaterally implemented a temporary change to employee wages and work hours. 

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Filed Under: Bad Faith Bargaining, Duty to Bargain, Public Sector Collective Bargaining Rights
April 26, 2013 by

Oregon Supreme Court “Waiver” Ruling Consistent with Washington Law

By Jim Cline

The recent ruling of the Oregon Supreme Court in Association of Oregon Corrections Employees v. Oregon discussed on our blog, coincides with the Washington approach to contractual waivers.  PERC has consistently ruled that waivers must be subject specific and that broad management rights language does not constitute a waiver of collective bargaining rights.

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Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
April 12, 2013 by

Increase in Parking Fees Is a Mandatory Subject of Bargaining

By Therese Norton

In King County, Decision 11319-A (PECB, 2013), the Commission affirmed Examiner Karyl Elinski’s decision that King County engaged in an unfair labor practice when it unilaterally changed the parking fees it charges to members of the King County Corrections Guild in its parking garage.  The Commission explained that it has long recognized that changes to employee parking are a mandatory subject of bargaining because it impacts employee working conditions. [Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
April 5, 2013 by

More Legal Problems for the City of Mountlake Terrace as PERC Hearing Examiner Cites Police Chief Greg Wilson for Repeated Labor Law Violations

By Jim Cline

In a recent blog article, we cited the recent difficulties involving the City of Mountlake Terrace and its police department.  Although many of those issues involved Assistant City Manager Scott Hugill, a fair number of the issues involved Police Chief Greg Wilson.  In a decision just released by PERC hearing examiner Robin Romeo, Wilson was found to have committed numerous ULPs. [Read more…]

Filed Under: Public Sector Collective Bargaining Rights
April 1, 2013 by

When Unrelated Medical Issue Forced Retirement, Despite Proven Harassment, Former Firefighter Could Not Claim an Adverse Employment Discrimination Action

By David E. Worley

In Derr v. Kern Cnty. Fire Dep’t, 117 FEP Cases 29 (Cal. Ct. App. 2013), the court affirmed the dismissal of claims of retaliation and discrimination of a firefighter who was subject to a hostile work environment at the hands of his supervisor who harbored staunchly homophobic views.  The plaintiff, who has a homosexual daughter, claimed his supervisor continually harassed him, and even after their shifts were changed, the supervisor went out of his way to find the plaintiff and make harassing comments to him.  While the court found that no adverse employment action occurred that would support the claims of discrimination and retaliation, the plaintiff had made a clear case of workplace harassment.  [Read more…]

Filed Under: Employment Discrimination, Sexual Orientation Discrimination
March 22, 2013 by

Legal Woes Continue to Plague Mountlake Terrace Police Department

By Jim Cline

The legal woes and legal costs continue to compound for the beleaguered Mountlake Terrace Police Department and its City management team.  Within weeks of being ordered by an arbitrator to reinstate police officer Tam Guthrie, the City has now been forced to pay out for the wrongful discharge of a former police secretary, Martha Karl.

[Read more…]

Filed Under: _
March 22, 2013 by

Controversial Kitsap Deputy Prosecutor Cited by PERC for Violating Rules

By Jim Cline

Finding that controversial, Kitsap County Deputy Prosecutor Jacquelyn Aufderheide violated PERC requirements including an after-the-fact “torpedoing” of a tentative agreement reached between the Kitsap County labor negotiator and the Dispatchers’ Guild, in a recently released Kitsap County Decision 11675, PERC Hearing Examiner Guy Coss cited Aufderheide with a ULP and other rule violations.

[Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
March 15, 2013 by

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”:

[Read more…]

Filed Under: Public Sector Collective Bargaining Rights
March 8, 2013 by

Local Government Employee Does Not Have Retaliation Claim in Superior Court for Whistleblower Action Resulting in Demotion, but May Seek Administrative Relief

By David E. Worley

In Woodbury v. City of Seattle (2012 Wash. App LEXIS 47), the Washington Appeals Court upheld the dismissal of a Superior Court complaint by a police officer regarding retaliation for a whistleblower action.  The Appellate Court held that under the relevant statute, a local government employee may only seek administrative relief initially, and Civil Courts will only be involved when appealing that administrative relief.

[Read more…]

Filed Under: Constitutional Rights, Political Rights
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