April 12, 2024

Examiner Finds that Spokane Teacher’s Union Breached Duty of Fair Representation in by Refusing to Share Notes 

By Jim Cline

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In Spokane School District, Examiner Hickey held that the Spokane Education Association had violated its duty of fair representation by withholding requested information from an investigatory meeting. Complainant had relied on the Union representative’s promise to share notes, but the representative later refused without citing any legitimate interest for the withholding.

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April 10, 2024

Examiner Dismisses Complaint of Discrimination in Washington State Department of Child, Youth, and Families for Employee who Violated Records Access Rules

By Jim Cline

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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.”

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December 18, 2023

PERC Examiner Finds Benton County Rightfully Assigned Injured Corrections Officer to Light Duty

By Jim Cline and Abagail Klonsinski

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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.

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August 3, 2023

PERC Examiner Finds King County Corrections Guild Did Not Violate Duty of Fair Representation by Not Grieving Muslim Officer’s Vaccination Related Discharge

By Jim Cline and Abagail Klonsinski

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In King County Corrections Guild, Examiner Slone-Gomez dismissed a case after finding a King County Corrections Officer failed to show that his union had breached its duty of fair representation (DFR) by refusing to file a grievance regarding his involuntary separation from the County.

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November 22, 2022

PERC Dismisses Two Petitions to Sever Certain Police Support Employees from Units of City Employees

By Jim Cline and Kim Lowe

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In City of Bellingham and City of Issaquah, PERC Executive Director Sellars ruled that both units would stay intact, dismissing severance petitions that would have broken certain police support employees from the larger units. Director Sellars found that the disputed employees and their existing unit still share a community of interest in spite of certain member dissatisfaction issues. Sellars also noted that severance in Issaquah would create work jurisdiction disputes that did not exist before.

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May 25, 2022

Where the Sun Don’t Shine: Spokane County Can’t Require Unions to Agree to Public Negotiations

By James Cline and Stephen Hatton

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In Spokane County, Decision 13435 (PECB, 2021), PERC Hearing Examiner Erin Slone-Gomez found that the County had violated its duty to bargain in good faith by insisting their negotiation sessions with the Corrections Union be open to the public. She found ground rules for negotiations to be a permissive subject of bargaining.

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May 25, 2022

Melting Snowflakes: PERC Hearing Examiner holds that Union Rep’s Abusive Outbursts Crossed the Line into Bad Faith Bargaining

By Jim Cline and Stephen Hatton

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In Ben Franklin Transit, Hearing Examiner Dario De La Rosa found that a Teamsters Union Representative had engaged in bad faith bargaining because of his hostile, discriminatory, and abusive conduct at the bargaining table.

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May 23, 2022

PERC Hearing Examiner Holds that City Can Implement Facial-Recognition Timekeeping Technology Without Bargaining

By Jim Cline and Stephen Hatton

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In City of Cashmere, Decision 13429 (PECB, 2021), PERC Hearing Examiner Elizabeth Snyder dismissed a Teamsters Local 760 complaint alleging that the City had refused to bargain over its decision to implement a facial-recognition timekeeping system. Examiner Snyder rejected the City claim that the Teamsters had waived their right to bargain in their contract. But she also found that City's decision to implement the system was a permissive subject of bargaining, and therefore she dismissed the Teamsters' complaint.

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June 16, 2021

Responding to Recent L&I COVID Guidance

By Jim Cline and Mark Anderson

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Recent COVID Guidance on vaccinations and vaccines issued by Labor and Industries and the Governor’s Office has been passed through local agencies and has resulted in quite a bit of confusion. This article is our attempt to clear up that confusion and provide direct guidance from Cline and Associates as to the current state of vaccine and mask requirements.

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March 2, 2021

The Duty to Bargain and other Legal Issues Surrounding Mandatory Vaccine Orders

By Jim Cline

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One of the emerging issues, at least in some departments is whether the employer can mandate that employees be vaccinated. If so, what are the legal rules and requirements around that issue?

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Jim received his B.A. with distinction in Political Science. [More…]

Sam received his B.A in Political Science and M.A in International Political Economy. [More…]

Amy received her B.A. in Integrative Physiology. [More…]