April 4, 2025
By Jim Cline and Sam Hagshenas
In Arlington School District, the PERC Examiner found that the District had violated its duty to bargain and had skimmed bargaining unit work from the ironically named Arlington Non-Rep Group (NRG). The school district did not believe the NRG was a union, but prior practice demonstrated that the District had historically voluntarily recognized the NRG as a bargaining unit and thus violated its duty to bargain.
Filed Under: Duty to Bargain
April 4, 2025
By Jim Cline and Sam Hagshenas
In King County, Examiner Willaford determined that the Union successfully proved the County violated its duty to bargain by making mandatory overtime a condition of employment. The Examiner ruled that King County’s practice of medically separating corrections officers with medical restrictions on working overtime was a unilateral change to a mandatory subject of bargaining.
Filed Under: Duty to Bargain
March 27, 2025
By Jim Cline and Sam Hagshenas
In King County, the Public Employment Relations Commission affirmed its Examiner’s prior decision in which King County was found to have discriminated against an employee by removing him from his elected position on a safety committee. The Commission held that even though the County offered a nondiscriminatory reason for its action the Union successfully demonstrated that the County's actions were merely a pretext for discriminating against the employee due to his advocacy for regular safety committee meetings.
Filed Under: Discrimination and Retaliation, Employment Discrimination
March 26, 2025
By Jim Cline and Sam Hagshenas
In Okanogan County, Examiner Todd ruled that the County refused to bargain when it unilaterally contracted out bargaining unit work to third-party security contractors after making the representation that it was rescinding its proposal to reclassify a then-vacant bargaining unit position.
Filed Under: Bad Faith Bargaining
March 24, 2025
By Jim Cline and Sam Hagshenas
In University of Washington, Examiner Bradley ruled that University of Washington (UW) changing bargaining unit employees’ overtime eligibility status to comply with Washington State Department of Labor and Industries (L&I) rules was not a unilateral change to a mandatory subject of bargaining.
Filed Under: Duty to Bargain, Scope of Bargaining
July 30, 2024
By Jim Cline and Peter Haller
In City of Grand Coulee, PERC dismissed a representation petition that requested to separate City police officers from the city-wide bargaining unit and place them into their own police only bargaining unit. (Grand Coulee’s population is less than the 2500 that would make that interest arbitration eligible.) PERC reasoned that severance from the bargaining unit was not appropriate when police officers still shared a community interest with other City employees and there was a long history of the bargaining unit successfully negotiating on behalf of police officers.
Filed Under: Representation and Unit Determination
May 17, 2024
By Jim Cline and Peter Haller
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.
Filed Under: Uncategorized
May 17, 2024
By Jim Cline and Peter Haller
In Tiffany Diggins v. Seattle Housing Authority, a PERC Examiner ruled that the complaining employee failed to prove employer discrimination when she alleged that her employer interfered with her connectivity and access to computer software required for work. The Examiner held that her IT access issues did not rise to the level of being an “adverse action” upon which a discrimination charge could be based.
Filed Under: Employment Discrimination
May 15, 2024
By Jim Cline and Peter Haller
In Walla Walla Community College, a PERC Examiner ruled that a college administrator was to be excluded from the bargaining unit representing rank and file higher education staff. The Examiner held that although the administrative employee had in the past done fill-in work for staff, the employee was still exempt from the bargaining unit because of her primary function as an administrator.
Filed Under: Representation and Unit Determination
May 15, 2024
By Jim Cline and Peter Haller
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.
