In, Nathaniel Bickley v. Snohomish County Corrections Guild, the PERC Examiner dismissed a complaint that alleged the Guild breached its duty of fair representation by failing to provide representation to a bargaining unit member during a disciplinary hearing and grievance proceeding. The Examiner concluded that the complaining employee failed to ever seek assistance and even expressly refused assistance at several points.
In Washington State Department of Children, Youth, and Families, a PERC Examiner dismissed a complaint alleging AFSCME breach of its duty of fair representation (DFR) when failed to facilitate a request for information. The Examiner reasoned that the failure was due to a mistake in interpreting the nature of the request, as thus, was mere negligence and not unlawful union interference.
In Hubert Gilmore v Teamsters 839, a Benton County corrections officer filed a ULP complaint against his Union alleging that it breached its duty of fair representation when it declined to pursue a grievance related to a newly adopted agreement that affected shift hours. Examiner Leonard of PERC dismissed the complaint because the corrections officer failed to ever seek Union assistance on the matter.
In King County Metro, Examiner Todd granted summary judgment for the Union, finding that the Union did not breach their duty of fair representation (DFR) when it withdrew his grievance from arbitration. The Complainant ultimately failed to produce evidence which showed the Union had acted in an arbitrary manner or bad faith when making their decision, so summary judgment was appropriate in favor of the Union.
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.
Cline & Associates welcomes new attorney, Erica Shelley Nelson. Erica received her B.A. in Political Science from Western Washington University in June 2001. She graduated from Gonzaga Law School in 2005, and participated as a member of Gonzaga's National Trial Team.
In Barnett v. Sequim Valley Ranch, the court upheld a $427,230 jury award for the plaintiffs and former employees of Sequim Valley Ranch. The court held that the plaintiffs’ constructive, wrongful discharge suit was timely filed, and the trial court properly instructed the jury on the elements of a wrongful constructive discharge claim.
In Fey v. Community Colleges of Spokane, the court reversed a $58,000 judgment for the plaintiff Mark Fey, a grounds keeper at Spokane Community College, for the college's failure to accommodate Fey’s disability. The court ruled that the college is not liable because they were not required to modify the essential functions of a job to accommodate Fey’s terrible vision.
The legal woes and legal costs continue to compound for the beleaguered Mountlake Terrace Police Department and its City management team. Within weeks of being ordered by an arbitrator to reinstate police officer Tam Guthrie, the City has now been forced to pay out for the wrongful discharge of a former police secretary, Martha Karl.
