Washington Labor and Employment Blog
The latest case law and legal developments in Washington labor & employment law.
By Jim Cline and Peter Haller
In City of Kent v. Kent Police Officers Association, the PERC arbitrator ruled that the City of Kent had just cause to terminate an officer alleged to engaged in conduct unbecoming of an officer. The Arbitrator reasoned that termination was justified given the officer’s lengthy disciplinary history coupled with the egregious nature of his conduct.
By Jim Cline
In a decision using scorching language in Snohomish County, Examiner Leonard entirely dismissed all 11 claims the Snohomish County Corrections Guild filed against Snohomish County. While the claims varied in issue, Examiner Leonard found that for each allegation, the Guild did not support their claims with sufficient evidence, failing to upload their burden of proof. The Guild’s conduct was characterized as reprehensible by the Examiner as he discussed whether to impose attorney fees for multiple frivolous claims.
By Jim Cline
In Washington State Department of Children, Youth, and Families, Examiner Casillas dismissed the case, holding that Complainant failed to prove her employer had discriminated against her for engaging in a protected activity. Examiner Casillas found that management had engaged in multiple non-disciplinary attempts to correct Complainant’s behavior over several years and that Complainant failed to provide any evidence such corrective attempts were the result of union animus.
By Jim Cline and Abagail Klonsinski
In King County, Arbitrator Khoury sustained the grievance of a law enforcement officer in part, holding there had been failures on both sides, but that termination was not supported when one of the factors used to escalate discipline violated the principle of double jeopardy.
By Jim Cline and Abagail Klonsinski
In City of Port Angeles, Arbitrator Susan Bauman found there was just cause to terminate a patrol officer who failed to meet the Department’s standards of ethical conduct. The Officer had failed to timely file a report regarding a potential sexual assault and was untruthful throughout an Internal Affairs investigation, which she concluded supported termination rather than lesser progressive discipline.
By Jim Cline and Abagail Klonsinski
In City of Lakewood, Arbitrator Mayne ordered reinstatement and expungement of a police officer’s record after finding there was no just cause to terminate the Officer for untruthfulness.
By Jim Cline and Kim Lowe
In Pierce County, Arbitrator Clauss reinstated a deputy police officer, finding that the County failed to prove that she was intentionally dishonest or that she withheld any information material to a separate investigation. The Arbitrator applied the usual principles of just cause and progressive discipline and found that the department did not have just cause to terminate the Deputy.
By Jim Cline and Kim Lowe
In City of Tallahassee, Arbitrator Baroni upheld a police officer’s policy violation for failure to use de-escalation techniques with a suspect, however he reduced the discipline from an 8-hour suspension to a written reprimand. While several factors contributed to Baroni’s decision to reduce the discipline, the main one was that Tallahassee Police Chief Revell acknowledged he deliberated departed from the usual, more moderate discipline, to “set the tone for his expectations in the department.” Baroni held choice resulted in too severe a punishment.
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.
By Jim Cline and Erica Shelley Nelson
Representing the Injured or Disabled Member
Part 11: The Duty to Accommodate Mental Health Issues
This article is the 11th in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them. Over the next two to three months, we’ll be publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.
