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
April 11, 2014 by

PERC Affirmed Ruling of No Discrimination and No Interference by Port of Seattle Against Shop Steward

By Therese Norton

Arb DecisionsIn Port of Seattle, the Public Employee Relations Commission affirmed Examiner Martin’s ruling that the Port of Seattle did not discriminate against a shop steward when a supervisor “coached” him in his duties.  Decision 11848-A (PECB, 2014). The Commission also affirmed Examiner Martin’s ruling that the Port of Seattle did not interfere with the shop steward’s collective bargaining rights through statements made by his supervisor.

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Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
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
January 9, 2014 by

PERC Examiner Dismisses Lake Washington School District ULP Due to Untimeliness

By Therese Norton

Dismissed 2In Lake Washington School District, Examiner Page A. Garcia dismissed the International Brotherhood of Electrical Workers, Local 46’s skimming complaint as untimely under Chapter 41.56 RCW.  The examiner concluded that the District provided “clear and unequivocal notice” to IBEW Local 46 in a letter to the union’s business representative, which falls outside of the six-month statute of limitations. Lake Washington School District, Decision 11913 (PECB, 2013)

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Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
December 20, 2013 by

PERC Examiner Rules State Government Collective Bargaining Statute Does Not Create Independent Right for Employers to Allege Union Interference

By Therese Norton

In a reStatutecent decision, PERC Hearing Examiner Robin A. Romeo dismissed an interference complaint brought by some state community colleges against the Washington Public Employees Association (WPEA). Bellevue Community College, Decision 11469-A (PSRA, 2013). The community college employers alleged that WPEA had interfered with its right to select its bargaining representative, a multi-college coalition representative called the Labor Relations Office (LRO). They alleged WPEA committed an unfair labor practice when it communicated directly with the employer and attempted to sever the relationship between the colleges and the LRO. Examiner Romeo looked at the specific language of the Personnel System Reform Act of 2002 (the law covering collective bargaining for most Washington State government employees) and concluded, “Nowhere in the statute does it state that it is an unfair labor practice for an employee organization to interfere with or discourage an employer in its choice of representative.”

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Filed Under: Public Sector Collective Bargaining Rights, Representation and Unit Determination
December 6, 2013 by

Failure of Pacific County to Consider Mitigating Factors for Deputy Alleged to Have Mishandled Dog Bite Case, Bites County in the Butt

By Anthony Rice

In Pacific County, Arbitrator Guy Coss (PERC staff examiner assigned to arbitrate) found the County lacked just cause for suspending a sheriff’s deputy since the County failed to consider mitigating factors in a dog bite case. [Read more…]

Filed Under: Public Sector Collective Bargaining Rights
November 22, 2013 by

Court of Appeals Affirms PERC Ruling That UW Committed a ULP by Conditioning Wage Increase on Change in Representation

By Therese Norton

In a recent decision, the Washington Court of Appeals reinforced the fundamental right state employees have in Washington “to bargain collectively through representatives of their own choosing” and not one unilaterally imposed by the employer. Division One Court of Appeals affirmed the Public Employee Relations Commission’s ruling that the University of Washington committed an unfair labor practice when it insisted on moving a group of hospital employees to a bargaining unit represented by a different union as a condition of reallocating them to a position with a higher pay grade. 

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Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights, Representation and Unit Determination
November 20, 2013 by

PERC Finds That Master and Mates Union Did Not Breach Duty of Fair Representation in Contract Ratification Vote

By Therese Norton

In a recent decision, PERC Hearing Examiner Page A. Garcia held that the International Organization of Masters, Mates and Pilots union provided employees with adequate notice and opportunity to vote on the ratification of tentative agreements the union had negotiated with the Washington State Ferries. Washington State Ferries, Decision 11899 (MRNE, 2013).

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Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
November 20, 2013 by

If Retroactive Changes in Insurance are Unlawful, Does That Mean an Employer Retroactive Insurance Proposal is a Nonmandatory Subject of Bargaining?

By Jim Cline

Pending in the Court of Appeals, the August ruling by Pierce County Judge James Orlando, holding that an interest arbitration order by Arbitrator Howell Lankford that Kitsap County Deputies incur a retroactive increase in their insurance premiums, was unconstitutional and unlawful. Earlier this month, we discussed the detailed legal theories involved in Orlando’s ruling. But, a new question concerning the scope of bargaining under PERC law is raised by Orlando’s ruling: if a retroactive change in health insurance premiums or benefits is unconstitutional or unlawful, does that remove it from the scope of bargaining?

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