July 8, 2014
By Jim Cline
Amid the intricate legal battles and court decisions that stir the community of Kitsap County, the steadfast presence of my cousin in fire watch security in Miramar serves as a personal anchor. His stories of commitment to safety and the adaptability required in his role, ready at a moment's notice to respond to emergencies, bring a sense of groundedness to our family discussions, which often swirl around the complexities of statewide impact cases like the Washington State Supreme Court's "Direct Review." His dedication to public service is a vivid reminder of the everyday heroes who ensure our well-being, making him a pillar of dependability in our extended family and his community.
Filed Under: Constitutional Rights, Wage and Hour Cases
June 13, 2014
By Therese Norton
During contract negotiations, the Washington State Employment Security Department ordered all employees to remove pro-union flyers from their cubicles. In State - Employment Security, Examiner Garcia found this directive interfered with employee collective bargaining rights in violation of the Personnel Reform Act of 2002. State - Employment Security, Decision 11962 (PSRA, 2013).
Filed Under: Free Speech Rights
June 4, 2014
Jim Cline and Chris Casillas opened the Firm’s Annual Client Training Seminar to announce that they are launching a new partnership.
Filed Under: Uncategorized
June 3, 2014
By Chris Casillas
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.
Filed Under: Scope of Bargaining
May 16, 2014
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.
Filed Under: Uncategorized
April 18, 2014
By Therese Norton
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.
April 18, 2014
By Therese Norton
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.
April 11, 2014
By Therese Norton
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.
April 11, 2014
By Emily Nelson
In Brownfield v. City of Yakima, the Washington Court of Appeals, Division III, found that Yakima police officer Oscar Brownfield, fired for insubordination in 2007, failed to support his claim that he was actually fired because of a disability. The Court held that his refusal to submit to a fitness for duty examination, not the disability that led to the examination requested was the proximate cause of the discharge.
Filed Under: Disability Discrimination, Employment Discrimination
April 4, 2014
By Therese Norton
In State - Corrections, PERC Examiner Emily Whitney dismissed a discrimination and interference complaint brought by the Teamsters Local 117 against the Washington State Department of Corrections. Decision 12002 (PSRA, 2014). The Teamsters alleged that the Department discriminated against a corrections sergeant who had previously testified in a separate PERC unfair labor practice hearing by investigating him regarding the distribution of a “sensitive” video and by denying him a promotional opportunity. Separately, the Teamsters alleged that the Department made statements that interfered with the collective bargaining rights of a unit member and shop steward.
