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
October 23, 2014 by

Washington Appeals Court Holds That Kitsap Lieutenant’s Union Was Not Entitled To Attorney Fees Under RCW 49.48.030 For ULP Hearing

By Jordan L. Jones

stock-photo-5918704-flying-moneyIn Int’l Union of Police Ass’n, Local 748 v. Kitsap County, the Court of Appeals of Washington, Division One held that a trial court erred when it awarded attorney fees incurred in an Unfair Labor Practice ULP (ULP) proceeding to the Kitsap County Sheriff’s Office Lieutenant’s Association under the state wage law.

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Filed Under: Public Sector Collective Bargaining Rights
October 20, 2014 by

Appeals Court Upholds Ruling That A Trucking Company Was Liable For The Retaliatory Discharge Of An Independent Contractor Under The WLAD

By Jordan L. Jones

DiscriminationIn 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.”

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Filed Under: Discrimination and Retaliation
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
September 25, 2014 by

PERC Dismisses Objections to Decertification Election

By Therese  Norton

voting-symbolsA group of individuals petitioned the Public Employment Relations Commission (PERC) to decertify the Public School Employees of Washington/Puyallup Association of Education Office Personnel as the exclusive bargaining representative of clerical employees at the Puyallup School District. Following a mail ballot election, the employees chose to remain represented by the union. The group subsequently alleged that the union engaged in objectionable conduct that affected the results of the election. In Puyallup School District, the Commission dismissed the election objections brought by the group.  Decision 12067 (PECB, 2014).

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Filed Under: Representation and Unit Determination
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

PERC Examiner Finds No Discrimination in Temporary Demotion Caused by Unrelated Funding and Workload Issues

By Therese Norton

DemotionIn 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.

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Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
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