October 17, 2013 by

Public Employment Relations Commission upholds Examiner Ruling that Kitsap Prosecutor Unlawfully Undermined Agreement

By Jim Cline

In another setback for Kitsap County, the Public Employment Relations Commission upheld a previous ruling that a Kitsap County Deputy prosecutor unlawfully undermined an agreement that had been reached between the Kitsap Dispatchers Guild and the County. InKitsap County, Decision 11675-A (PECB 2013), the Commission held that it was a breach of the County’s duty to bargain “in good faith” when it refused to ratify an agreement that it had already informed the Guild was agreeable to the County commissioners. [Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
October 10, 2013 by

PERC Examiner Dismisses ULP Complaint about Unilateral Change to Sheriff Deputies’ Compensation for Lunch Hour During Trainings

By Therese Norton

The Walla Walla County Commissioned Deputy Sheriff’s Association filed an unfair labor practice complaint alleging that Walla Walla County refused to engage in collective bargaining and interfered with employee rights by unilaterally changing the practice of compensating for the lunch hour during training days. PERC Examiner Slone-Gomez dismissed the complaint, finding that the County did not commit an unfair labor practice because the union failed to prove a “past practice”.  Walla Walla County, Decision 11877 (PECB, 2013).

[Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights, Scope of Bargaining, Wage and Hour Cases
September 11, 2013 by

Court Strikes Kitsap Retroactive Insurance Premium Increase in Unprecedented Reversal of Binding Interest Arbitration Award

By Jim Cline

The Kitsap Deputies Guild last week prevailed on their motion for Summary Judgment before Pierce County Judge James Orlando, that an arbitrator imposed health insurance employee contribution increase should be stricken from an interest arbitration decision.  He agreed with the Guild’s claims that the contributions were an unconstitutional “taking” and a violation of the state wage withholding law. Although the County vows to appeal, this case becomes the first known instance in which binding interest arbitrator decision has been modified by a Court.

[Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
September 5, 2013 by

PERC Renews Decision: Everett Community College is Required to Bargain Transfer of Work from Counselors

By Therese Norton

Unions have a legitimate interest in preserving work that their bargaining units historically perform.  Thus, it can be an unfair labor practice for an employer to refuse to bargain any decision to transfer or ”skim” bargaining unit work.  Recently, Everett Community College challenged the Commission’s ruling that it committed an unfair labor practice when it skimmed bargaining unit work previously performed by full-time counselors, without providing an opportunity for bargaining.  Everett Community College, Decision 11135-C (CCOL, 2013) 

[Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
May 31, 2013 by

Examiner Dismisses ULP Charge Where Charge is Untimely and There is No Change to Vacation Accrual Policy

By Therese Norton

In general, PERC will dismiss an unfair labor practice charge if it is not filed within six month. On May 13, 2013, PERC Examiner Casey King dismissed a ULP charge brought by the Walla Walla Commissioned Deputy Sheriff’s Association against Walla Walla County.  The union asserted that Walla Walla County had unilaterally changed its policy regarding forfeiture of unused vacation time.  Examiner King dismissed the charge as untimely, and even if it was filed timely, the union failed to establish that the county had changed the policy. Walla Walla County, Decision 11751 (PECB, 2013)

[Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights, Scope of Bargaining
May 17, 2013 by

Hearing Examiner Finds That Employer Must Bargain Over Increased Workload Caused by Layoff

By Therese Norton

PERC Hearing Examiner Robin A. Romeo partially upheld an unfair labor practice complaint filed by the Public School Employees of Washington on behalf of a group of custodial employees employed by Washington State University.  The complaint alleged that the employer refused to bargain when it laid-off a bargaining unit member, which substantially increased the workload of the remaining workers in violation of the Personnel System Reform Act, Chapter 41.80 RCW.  Examiner Romeo found that although the decision to layoff the employee was not a mandatory subject of bargaining, the employer must still bargain with the union over the increased workload because the decision impacts working conditions. Washington State University, Decision 11704 (PSRA, 2013). 

[Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights, Scope of Bargaining
April 26, 2013 by

PERC Finds that Unilateral Implementation Following Negotiation with a Fixed Outcome is an Unfair Labor Practice

By Therese Norton

In Yakima Valley Community College,11326-A (PECB, 2013), the Commission found that the employer breached its good faith bargaining obligation when it unilaterally implemented its proposal, after it approached bargaining with a fixed outcome in mind to reduce wages. Contrary to the employer’s assertions that it was bargaining under budgetary terms imposed by the Legislature, the Commission found that the parties were not at a good faith impasse in bargaining and that unilateral implementation was not warranted because there was time to bargain the impact of the reduction of the employer’s budget on the bargaining unit.  Therefore, it concluded, the employer acted improperly when it unilaterally implemented a temporary change to employee wages and work hours. 

[Read more…]

Filed Under: Bad Faith Bargaining, Duty to Bargain, Public Sector Collective Bargaining Rights
April 26, 2013 by

Oregon Supreme Court “Waiver” Ruling Consistent with Washington Law

By Jim Cline

The recent ruling of the Oregon Supreme Court in Association of Oregon Corrections Employees v. Oregon discussed on our blog, coincides with the Washington approach to contractual waivers.  PERC has consistently ruled that waivers must be subject specific and that broad management rights language does not constitute a waiver of collective bargaining rights.

[Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
April 12, 2013 by

Increase in Parking Fees Is a Mandatory Subject of Bargaining

By Therese Norton

In King County, Decision 11319-A (PECB, 2013), the Commission affirmed Examiner Karyl Elinski’s decision that King County engaged in an unfair labor practice when it unilaterally changed the parking fees it charges to members of the King County Corrections Guild in its parking garage.  The Commission explained that it has long recognized that changes to employee parking are a mandatory subject of bargaining because it impacts employee working conditions. [Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
March 22, 2013 by

Controversial Kitsap Deputy Prosecutor Cited by PERC for Violating Rules

By Jim Cline

Finding that controversial, Kitsap County Deputy Prosecutor Jacquelyn Aufderheide violated PERC requirements including an after-the-fact “torpedoing” of a tentative agreement reached between the Kitsap County labor negotiator and the Dispatchers’ Guild, in a recently released Kitsap County Decision 11675, PERC Hearing Examiner Guy Coss cited Aufderheide with a ULP and other rule violations.

[Read more…]

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