In Waleed Muhammad v. Association For Higher Education, PERC ruled that the Union retaliated against a non-tenured employee for engaging in protected activity when the Union president submitted negative feedback to the employee’s pre-tenure committee regarding the employee’s demeanor and temperament towards other faculty members. The hearing Examiner reasoned that the Union president’s submission of feedback constituted union interference because the non-tenured employee was not given the chance to discuss the concerns and improve upon them.
In International Association of Fire Fighters Local 542 v. Clark County Fire District 6, PERC dismissed a complaint alleging that the decision not to promote a 24-year veteran firefighter to Battalion Chief was motivated by an anti-union animus. The hearing Examiner reasoned that although the veteran firefighter’s involvement in union activities may have upset the Employer, there was ultimately a non-discriminatory justification for the decision.
In King County, the Public Employment Relations Commission affirmed its Examiner’s prior decision in which King County was found to have discriminated against an employee by removing him from his elected position on a safety committee. The Commission held that even though the County offered a nondiscriminatory reason for its action the Union successfully demonstrated that the County's actions were merely a pretext for discriminating against the employee due to his advocacy for regular safety committee meetings.
In City of Seattle, Examiner Christopher Casillas dismissed a complaint after finding the Complainant failed to satisfy each element necessary for a discrimination prima facie case. The Complainant had been placed on administrative reassignment while the City investigated an incident involving Complainant; however, he did not lose any pay, leave, or benefits while on reassignment, and thus, failed to prove a deprivation of rights.
In Washington State Department of Children, Youth, and Families, Examiner Greer dismissed the complaint, holding that the Employer did not discriminate against the Complainant, who alleged she was terminated after communicating her intent to join a grievance. However, Examiner Greer found the Employer’s reasons for termination “were not pretextual for discrimination, nor substantially motivated by union animus.”
In Benton County, PERC Examiner Leonard dismissed the complaint alleging that the employer discriminated when it denied the complainant light duty. Leonard concluded that there was insubstantial evidence to support complainant’s argument that his union activity was a substantial motivating factor in placing him on light duty.
In State-Washington State Patrol, PERC Examiner Slone-Gomez dismissed the Washington State Patrol Troopers Association’s complaint, holding that the State did not cancel a union board member’s temporary disability leave in reprisal for his union activities.
In Celis v. City of Lakewood, a Hispanic officer alleged that he was constructively discharged after he resigned pending a disciplinary determination after his Loudermill hearing. The Court found that the officer’s fear of potential termination and decommission was not enough to amount to constructive discharge and granted the City’s motion for summary judgment.
In Sambasivan v. Kadlec Medical Center, Division III of the Washington State Court of Appeals, overturned the dismissal of a doctor’s racial discrimination and retaliation claims. The Indian doctor sued the Hospital after it implemented a proficiency standard that prevented him from practicing his specialty. The trial court dismissed his claims, finding that the doctor lacked the necessary relationships with the Hospital to allow his lawsuit. However, the Court of Appeals reversed that decision, holding that such claims could be brought when the Hospital interfered with the doctor’s right to make additional contracts with the Hospital and obtain new patients when the doctor was acting as an independent contractor for the Hospital in certain functions.
In Becker v. Community Health Systems, Inc., Division III of the Washington State Court of Appeals determined that a Chief Financial Officer could sue his former employer for firing him when he refused to submit a false or misleading financial report. Although the Company sought to dismiss the CFO’s lawsuit, the Court decided that the former CFO could pursue a state common law claim for “wrongful discharge in violation of public policy.”
