Washington Labor and Employment Blog
The latest case law and legal developments in Washington labor & employment law.
By Chris Casillas and Jordan L. Jones
In Spokane County, PERC Examiner Dianne Ramerman held that Spokane County Sheriff Ozzie Knezovich did not interfere nor dominate or assist the Spokane County Deputy Sheriff’s Association when he sent an e-mail to the Union.
By Chris Casillas and Jordan L. Jones
In Port of Anacortes, PERC Examiner Jamie L. Siegel held that the Port did not unilaterally change a past practice when it ended maintenance mechanic David Bost’s light duty assignment. Examiner Siegel also found that the Port did not discriminate against Mr. Bost for union activity when it ended his light duty assignment.
By Jordan L. Jones
In 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.”
By Therese Norton
In 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.
By Therese Norton
In 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.
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).
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.
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.
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…]
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).
