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).
In Kiona Benton School District, Decision 11563 (EDUC, 2012), the union alleged that the employer committed an unfair labor practice, in retaliating against three, school district employees who exercised their statutory right to participate in an earlier PERC ULP proceeding. PERC hearing examiner Steve Irvin concluded that even though the employees had engaged in protected activities and the employer's layoffs arguably violated the collective bargaining agreement, the union did not carry its burden of proof that the employer actions were pretextual.
The Ninth Circuit Court of Appeals recently clarified the rights that public employees have to not be retaliated against by a supervisor for testifying in a deposition in the context of a civil rights lawsuit. In the case of Karl v. City of Mountlake Terrace, Martha Karl filed suit against the City of Mountlake Terrace and Assistant Chief of Police Pete Caw. Karl was the Confidential Administrative Assistant to the Chief of Police. In 2008, she was subpoenaed to give deposition testimony in a federal civil rights lawsuit filed by former department Sgt. Jonathan Wender. Wender had brought a lawsuit claiming that he had been fired because of his outspoken criticism of the “war on drugs." During her deposition, Karl testified that the chief and assistant chief disapproved of Wender's comments to the press and his outspoken views on the need for drug policy reform, and that Caw had urged the Chief to terminate Wender. Karl also testified that Wender had a reputation for honesty, the chief had a reputation for being dishonest, and Caw had a reputation as a "smooth talker" and "back stabber." After Karl's deposition, Caw was allegedly overheard saying that the police department would have to find a way to the "get rid of her."
