January 22, 2015 By

PERC Dismisses ULP Complaint Filed Against the Port of Anacortes for Unilaterally Changing the Health Insurance Benefits of the Union Because of Business Necessity

By Christopher Casillas and Jordan L. Jones

health_insurance_signIn Port of Anacortes, PERC Examiner Page Garcia dismissed an unfair labor practice (ULP) complaint filed against the Port of Anacortes for unilaterally changing the health insurance benefits of Union members. Examiner Garcia found that although the Port of Anacortes had “failed to maintain the status quo by changing the health insurance benefits offered to bargaining unit employees” and had “presented the change in health insurance benefits as a fait accompli”, the Employer “met its burden of proof to support its defense of business necessity.”

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Filed Under: Duty to Bargain
December 2, 2014 By

PERC Reverses Examiner on Triggering Event for Skimming Allegation

By Chris Casillas and Therese Norton

dominoeA ‘triggering event’ signals important deadlines for filing unfair labor practice complaints or else a party may risk losing the opportunity to file a complaint with the Public Employee Relations Commission (PERC). In Lake Washington School District, the Commission found that the Examiner Page A. Garcia erred in dismissing the IBEW Local 46’s skimming complaint as untimely and beyond the statute of limitations. The Commission explained that, in a skimming case, the triggering event for the statute of limitations is when bargaining unit work is assigned to non-bargaining unit employees, and not when the union receives notice of the employer’s intent to transfer the work, as the Examiner had concluded.

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Filed Under: Duty to Bargain
November 7, 2014 By

PERC finds Deputy Sheriff’s Association Bargained Regressively on Eve of Interest Arbitration

By Therese Norton

MaliceBoth employer and union can violate their good faith bargaining obligations under the state collective bargaining laws when one party advances proposals prior to interest arbitration that are regressive from proposals made earlier in negotiations. In Spokane County (Spokane County Deputy Sheriff’s Association), PERC Examiner Stephen W. Irvin found, and the Commission affirmed, that the Spokane County Deputy Sheriff’s Association breached its good faith bargaining obligations by submitting a regressive wage proposal after impasse and shortly before the parties’ scheduled interest arbitration hearing.

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Filed Under: Bad Faith Bargaining
September 29, 2014 By

ULP Alleges School District Provided Union with False Information

By Therese Norton

misleadingThe Public Employment Relations Commission (PERC) vacated an order dismissing the International Union of Operating Engineers, Local 609’s unfair labor practice complaint against the Seattle School District.  Seattle School District, Decision 11995-A (PECB, 2014). The union had alleged the School District had provided false and misleading information in response to its information request regarding placing an employee on administrative leave.  The District must now file its answer to the complaint, and the matter can proceed to a full evidentiary hearing.

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Filed Under: Duty to Provide Information
August 29, 2014 By

PERC Affirms Ruling Union Improperly Circumvented Employer’s Designated Collective Bargaining Rep

By Therese Norton

bargaining 2In Kiona Benton School District, the Public Employee Relations Commission affirmed Examiner Coss’s finding that the Kiona Benton Education Association, the Union that represents certain teachers in the School District, breached its good faith bargaining obligation under State collective bargaining laws by refusing to communicate with the District’s designated collective bargaining representatives.

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Filed Under: Bad Faith Bargaining
August 5, 2014 By

PERC Examiner Rejects Double Jeopardy Investigation and Monetary Fine in Ethics Discipline Case

By Therese Norton

Street LightAn Employer may not unilaterally change disciplinary procedures without first notifying the Union and, if requested, bargain the change. In City of Seattle, Public Employment Relations Commission (PERC) Examiner Jessica Bradley found that Seattle City Light Department refused to bargain with the International Brotherhood of Electrical Workers, Local 77, in violation State collective bargaining laws by unilaterally implementing a second disciplinary process in conflict with the disciplinary procedure contained in the party’s collective bargaining agreement.

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Filed Under: Scope of Bargaining
June 3, 2014 By

Trial Court Ordered To Reconsider Whether County Facing Budget Shortfall Must Bargain Layoffs

By Chris Casillas

gavelA Washington Court of Appeals recently sent a case involving Kitsap County’s decision to layoff two corrections officers back to the Trial Court for further consideration.  In Kitsap County v. Kitsap County Correctional Officers’ Guild, Inc., the Appeals Court determined that the Trial Court erred when it failed to conduct the required Balancing Analysis to determine whether the County’s decision to layoff two corrections officers, based on an alleged jail budget shortfall, was a mandatory or permissive subject of bargaining. [Read more…]

Filed Under: Scope of Bargaining
April 18, 2014 By

College Satisfied Required Effects Bargaining of Change in Technology

By Therese Norton

BargainIn Seattle Community College, the American Federation of Teachers, Local 1789 alleged that the College committed a refusal to bargain violation when it unilaterally changed which online Learning Management System (LMS) it used without an opportunity to bargain the decision or the effects of the decision. PERC Examiner Casey King concluded that the decision to change the technology was not a mandatory subject of bargaining and that the College had sufficiently bargained the effects of its decision.

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Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights, Scope of Bargaining
March 28, 2014 By

PERC Examiner Finds Employer Removal of Union Posters is Not a ULP

By Therese Norton

Bulletin BoardIn Kittitas County Public Hospital District 1, PERC Examiner Page Garcia dismissed the Washington State Nurses Association’s complaint that Kittitas Valley Healthcare refused to bargain in violation of state labor law by making a unilateral change to the past practice of allowing the Association to post its materials at the hospital. Decision 11992 (PECB, 2014). Generally, union use of bulletin boards has been found to constitute a mandatory subject of bargaining, and in this case, the Examiner again determined that any change in how bulletin boards were used at the hospital would have to be bargained with the union. Ultimately, however, Examiner Garcia ruled that the Association failed to establish the existence of a past practice to post materials at all department break room bulletin boards, in addition to the single union designated bulletin board.  As a result, the union could not carry its burden that a unilateral change violation had occurred. [Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights, Scope of Bargaining
January 10, 2014 By

PERC Dismissal of Untimely Lake Washington School District ULP Serves As Important Reminder to Pay Close Attention to All Timelines

By Jim Cline

 DeadlineA recent decision by PERC hearing examiner in Lake Washington School District and described in more detail in our recent blog article serves as an important reminder to pay close attention to all timelines. Although this decision arose in the context of an unfair labor practice complaint and PERC six-month statute of limitations, the same lesson applies in the processing of grievances under your labor contract.

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Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
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