The 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.
A 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).
In 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.
An 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.
A 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.
In 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.
In 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.
In 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.
In 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.
A 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.
