November 6, 2013 by

PERC Reverses Examiner and Finds WSU Engaged in Bad Faith Bargaining with Roofers Union

By Therese Norton

In Washington State University, the Public Employment Relations Commission upheld an appeal by a union that WSU committed an unfair labor practice, reversing the Hearing Examiner. The union alleged that WSU unlawfully contracted out a roof repair project and breached its good faith bargaining obligation in the manner in which the employer invoked a contractual time limit for bargaining. With one Commissioner absent, the divided remaining two commissioners were split on the “skimming” charge, so the Examiner decision that no skimming occurred stands.  But, the Commission determined that 13 other pending bargaining demands were improperly ignored by WSU.

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Filed Under: Bad Faith Bargaining, Duty to Bargain
November 1, 2013 by

PERC Affirms Finding That Increased Workload is a Mandatory Subject of Bargaining

By Therese Norton

The Public Employment Relations Commission recently affirmed Examiner Romeo’s ruling that Washington State University (WSU) refused to bargain with the Public School Employees of Washington union when it failed to bargain an increase in employees’ workloads caused by a layoff.  Washington State University, Decision 11704-A (PSRA 2013).

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Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights, Scope of Bargaining
October 30, 2013 by

PERC Examiner Finds no Discrimination against Port of Seattle Police Shop Steward Despite Critical Comments

By Therese Norton

In Port of Seattle, Hearing Examiner Emily Martin found that the Port did not discriminate against Officer Brian Torre, the Shop Steward for the Teamsters Local 117 Commissioned Officers Bargaining Unit. Although Officer Torre was engaged in protected activity by serving as a shop steward, the union member could not show that he was “deprived of an ascertainable right or benefit” when the Port’s sole adverse action was to “coach” him on “providing better customer service.” Examiner Martin also found criticism of Officer Torre by Commander Jon Hornbuckle, who was also a Teamster shop steward for the supervisor’s unit, did not constitute unlawful interference.

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Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
October 23, 2013 by

PERC Examiner Finds that Union’s Refusal to Communicate with Employer’s Designated Collective Bargaining Rep is a ULP

By Therese Norton

Both unions and employers have the right to designate who represents them in the collective bargaining process. In Kiona Benton School District, PERC Hearing Examiner Guy Coss ruled, without a hearing, after a motion for “summary judgment”, that the Kiona Benton Education Association breached its duty to bargain in good faith by refusing to bargain with the School District’s designated collective bargaining representatives.

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Filed Under: Bad Faith Bargaining, Duty to Bargain, Public Sector Collective Bargaining Rights
October 23, 2013 by

PERC Examiner Rules WSP Interfered with Union Rights when it Ordered Trooper’s Association Rep Not to Interview Potential Witnesses in a Discipline Matter

By Therese Norton

A union representative is generally permitted to assist a fellow union member who is facing a discipline investigation. But, does that assistance include speaking with potential witnesses?  And if so, when can a union representative speak with those potential witnesses?

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Filed Under: Bad Faith Bargaining, Duty to Bargain, Public Sector Collective Bargaining Rights
October 23, 2013 by

PERC Examiner Finds that Employer Engaged in Regressive Bargaining of Wages

By Therese Norton 

Regressive bargaining occurs when one party at the bargaining table in some manner attempts to make a proposal that is less attractive than the proposals it had previous advanced.  In City of Tacoma, PERC Hearing Examiner Claire Nickleberry found that the City breached its good faith bargaining obligation by making a regressive wage proposal. [Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
October 23, 2013 by

Ferry Workers Use of a Shed as a Break Room is a Mandatory Subject of Bargaining

By Therese Norton

In Washington State Ferries, Examiner Whitney concluded that the Washington State Ferries committed an unfair labor practice (ULP) when it unilaterally eliminated a Kingston Ferry shed that ferry workers used as a break room, without providing the Inland Boatman’s Union an opportunity to bargain.  The employer was ordered to reinstate the shed break room.   Washington State Ferries, Decision 11825 (MRNE, 2013). [Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
October 23, 2013 by

Kitsap County and its Deputy Prosecutor Once Again Cited by PERC

By Jim Cline

Kitsap County has once again been found guilty of refusing to abide by bargaining law requirements and its controversial prosecutor, Jacquelyn Aufderheide, was identified by the hearing examiner for being untruthful to an arbitrator.  In a recent decision, Hearing Examiner Kristi Aravena found the County’s yearlong refusal to produce records to the Guild was an unlawful refusal to bargain.  She also cited the County for refusing to provide requested wage records to the Guild for a pending interest arbitration case.  Aravena found that Aufderheide had falsely claimed she was in the process of producing the wage records when, in fact, she was not.

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Filed Under: Public Sector Collective Bargaining Rights
October 23, 2013 by

PERC Finds that Pierce County Treatment of its Deputies as “Essential” on Snow Days did not Depart from Past Practice

By Therese Norton

In Pierce County, PERC Examiner Emily Whitney concluded that Pierce County did not commit an unfair labor practice (ULP) regarding deputy sheriff’s leave use during the snow closures in 2012. The County had determined that deputy sheriff’s would be deemed essential and would have to submit paid leave in the event they were absent.  The Deputy Sheriff’s Guild filed a ULP asserting that the distinction between “essential” and “nonessential” employees had not been negotiated and that no leave should be required if the deputies were unable to report to work. But Whitney concluded that there was no change to the status quo regarding deputies during the snow closures, and that the County did not unilaterally change the deputies leave utilization.  Pierce County, Decision 11818. [Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
October 21, 2013 by

PERC Examiner Finds No Bad Faith in AFSCME’s Bargaining with Clallam County

By Therese Norton

In Clallam CountyPERC Examiner Emily K. Whitney found that the Washington State Council of County and City Employees AFSCME Locals (unions) did not breach their obligation to bargain in good faith with the employer Clallam County.  The employer alleged that the unions refused to reform a mutual mistake to memorandums of agreements (MOAs), excluded the employer’s bargaining representative from the bargaining process and refused to provide relevant information. Clallam County, Decisions 11829 and 11830 (PECB, 2013).

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