April 9, 2015
By Erica Shelley Nelson and Brennen Johnson
In Sambasivan v. Kadlec Medical Center, Division III of the Washington State Court of Appeals, overturned the dismissal of a doctor’s racial discrimination and retaliation claims. The Indian doctor sued the Hospital after it implemented a proficiency standard that prevented him from practicing his specialty. The trial court dismissed his claims, finding that the doctor lacked the necessary relationships with the Hospital to allow his lawsuit. However, the Court of Appeals reversed that decision, holding that such claims could be brought when the Hospital interfered with the doctor’s right to make additional contracts with the Hospital and obtain new patients when the doctor was acting as an independent contractor for the Hospital in certain functions.
Filed Under: Discrimination and Retaliation, Race Discrimination
April 9, 2015
By Erica Shelley Nelson and Brennen Johnson
In Davis v. State of Washington, the Washington State Court of Appeals, Division I, reversed the dismissal of a gender and race discrimination claim filed by a Washington State Patrol Cadet. The former Cadet sued the State of Washington claiming that race and gender played a substantial role in the Washington State Patrol Training Academy’s decision to terminate her from the program. The trial court dismissed the lawsuit before trial after determining that the State had provided a legitimate reason for terminating the Cadet. The Court of Appeals reversed the dismissal finding that the Cadet had shown that, even if a legitimate reason existed for her termination, the decision still might have been substantially motivated by race or gender discrimination.
Filed Under: Gender/Pregnancy Discrimination, Race Discrimination
March 25, 2015
By Erica Shelley Nelson and Brennen Johnson
In Becker v. Community Health Systems, Inc., Division III of the Washington State Court of Appeals determined that a Chief Financial Officer could sue his former employer for firing him when he refused to submit a false or misleading financial report. Although the Company sought to dismiss the CFO’s lawsuit, the Court decided that the former CFO could pursue a state common law claim for “wrongful discharge in violation of public policy.”
Filed Under: Discrimination and Retaliation
March 13, 2015
By Erica Shelley Nelson and Brennen Johnson
In Moore v. Washington State Health Care Authority, the Washington State Supreme Court determined that State employees who were wrongfully denied health care benefits were entitled to the value that the benefits would have cost the State. Although the State argued that it should only be responsible for the out-of-pocket costs that employees paid for healthcare during the time they were denied benefits, the Court determined otherwise. The Court decided that such a method for measuring what the State owed the employees would fail to account for all of the damage that was inflicted on the employees through the denial of benefits.
Filed Under: Wage and Hour Cases
March 3, 2015
By Erica Shelley Nelson and Brennen Johnson
In City of Medina v. Skinner, the Washington Court of Appeals, Division I, determined that the Civil Service Commission lacks the authority to award back pay for wrongful terminations or suspensions. The City of Medina asked the State Court system for relief from a Commission decision in which the Commission modified the discipline of a Medina Police Lieutenant and specifically awarded him back pay and benefits at a pay scale starting from the time when he would have returned from the modified suspension. The Court determined that the Commission lacked the authority to award back pay and overruled the Commission’s decision, as far as it ordered the City to pay the former Lieutenant.
Filed Under: Wage and Hour Cases
February 25, 2015
By Christopher Casillas and Jordan Jones
In Kitsap County, PERC Examiner Dianne Ramerman held that the Employer “failed to bargain in good faith and committed a ULP in violation of RCW 41.56.140(4) and derivatively interfered with employee rights in violation of RCW 41.56.140(1).” Examiner Ramerman found that Kitsap County’s “representatives at the table [with the Kitsap County Juvenile Detention Officers’ Guild] did not have sufficient authority to engage in meaningful bargaining.” Specifically, Examiner Ramerman found that Kitsap County’s representatives at the table were.
Filed Under: Bad Faith Bargaining, Duty to Bargain
February 20, 2015
By Christopher Casillas and Jordan Jones
In Pierce County, PERC Examiner Lisa A. Hartrich held that the Employer did not commit an unfair labor practice (ULP). Examiner Hartrich stated that the Union did not make a prima facie case for their discrimination claim and that the interference allegations were untimely filed.
Filed Under: Discrimination and Retaliation, Weingarten Rights
February 18, 2015
By Christopher Casillas and Jordan Jones
In Spokane County, PERC Examiner Dianne Ramerman held that Spokane County Sheriff Ozzie Knezovich did not interfere nor dominate or assist the Spokane County Deputy Sheriff’s Association when he sent an e-mail to the Union.
February 18, 2015
By Christopher Casillas and Jordan Jones
In Port of Anacortes, PERC Examiner Jamie L. Siegel held that the Port did not unilaterally change a past practice when it ended maintenance mechanic David Bost’s light duty assignment. Examiner Siegel also found that the Port did not discriminate against Mr. Bost for union activity when it ended his light duty assignment.
January 27, 2015
By Christopher Casillas and Jordan Jones
In Seattle School District, PERC Examiner Ramerman held that the Employer refused to bargain in good faith by failing to timely provide relevant information requested by the International Union of Operating Engineers in violation of RCW 41.56.140(1) and (4). Examiner Ramerman noted that “although the [E]mployer acknowledged the [Union’s information] request two weeks after the request was made, the [E]mployer ‘dropped the ball’ and took no additional action for approximately five weeks from late August 2013 until early October 2013.”
