March 28, 2014
By Therese Norton
In Kittitas County Public Hospital District 1, PERC Examiner Page Garcia dismissed the Washington State Nurses Association’s complaint that Kittitas Valley Healthcare refused to bargain in violation of state labor law by making a unilateral change to the past practice of allowing the Association to post its materials at the hospital. Decision 11992 (PECB, 2014). Generally, union use of bulletin boards has been found to constitute a mandatory subject of bargaining, and in this case, the Examiner again determined that any change in how bulletin boards were used at the hospital would have to be bargained with the union. Ultimately, however, Examiner Garcia ruled that the Association failed to establish the existence of a past practice to post materials at all department break room bulletin boards, in addition to the single union designated bulletin board. As a result, the union could not carry its burden that a unilateral change violation had occurred.
January 10, 2014
By Jim Cline
A recent decision by PERC hearing examiner in Lake Washington School District and described in more detail in our recent blog article serves as an important reminder to pay close attention to all timelines. Although this decision arose in the context of an unfair labor practice complaint and PERC six-month statute of limitations, the same lesson applies in the processing of grievances under your labor contract.
Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
January 9, 2014
By Therese Norton
In Lake Washington School District, Examiner Page A. Garcia dismissed the International Brotherhood of Electrical Workers, Local 46’s skimming complaint as untimely under Chapter 41.56 RCW. The examiner concluded that the District provided “clear and unequivocal notice” to IBEW Local 46 in a letter to the union’s business representative, which falls outside of the six-month statute of limitations. Lake Washington School District, Decision 11913 (PECB, 2013).
Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
December 20, 2013
By Therese Norton
In a recent decision, PERC Hearing Examiner Robin A. Romeo dismissed an interference complaint brought by some state community colleges against the Washington Public Employees Association (WPEA). Bellevue Community College, Decision 11469-A (PSRA, 2013). The community college employers alleged that WPEA had interfered with its right to select its bargaining representative, a multi-college coalition representative called the Labor Relations Office (LRO). They alleged WPEA committed an unfair labor practice when it communicated directly with the employer and attempted to sever the relationship between the colleges and the LRO. Examiner Romeo looked at the specific language of the Personnel System Reform Act of 2002 (the law covering collective bargaining for most Washington State government employees) and concluded, “Nowhere in the statute does it state that it is an unfair labor practice for an employee organization to interfere with or discourage an employer in its choice of representative.”
December 6, 2013
By Anthony Rice
In Pacific County, Arbitrator Guy Coss (PERC staff examiner assigned to arbitrate) found the County lacked just cause for suspending a sheriff’s deputy since the County failed to consider mitigating factors in a dog bite case.
Filed Under: Public Sector Collective Bargaining Rights
November 22, 2013
By Therese Norton
In a recent decision, the Washington Court of Appeals reinforced the fundamental right state employees have in Washington “to bargain collectively through representatives of their own choosing” and not one unilaterally imposed by the employer. Division One Court of Appeals affirmed the Public Employee Relations Commission’s ruling that the University of Washington committed an unfair labor practice when it insisted on moving a group of hospital employees to a bargaining unit represented by a different union as a condition of reallocating them to a position with a higher pay grade.
November 20, 2013
By Therese Norton
In a recent decision, PERC Hearing Examiner Page A. Garcia held that the International Organization of Masters, Mates and Pilots union provided employees with adequate notice and opportunity to vote on the ratification of tentative agreements the union had negotiated with the Washington State Ferries. Washington State Ferries, Decision 11899 (MRNE, 2013).
Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
November 20, 2013
By Jim Cline
Pending in the Court of Appeals, the August ruling by Pierce County Judge James Orlando, holding that an interest arbitration order by Arbitrator Howell Lankford that Kitsap County Deputies incur a retroactive increase in their insurance premiums, was unconstitutional and unlawful. Earlier this month, we discussed the detailed legal theories involved in Orlando's ruling. But, a new question concerning the scope of bargaining under PERC law is raised by Orlando's ruling: if a retroactive change in health insurance premiums or benefits is unconstitutional or unlawful, does that remove it from the scope of bargaining?
Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
November 8, 2013
By Jim Cline
Several weeks ago, we published an article on the decision of Pierce County Judge James Orlando to strike the retroactive increase in the Kitsap deputies’ insurance premiums that had been ordered by interest arbitrator Howell Lankford. Because this article seems to have sparked quite a bit of interest, I decided it was worth taking some time to explain the issues and the court’s reasoning in greater detail. Although the County has appealed this decision, and, therefore, an appellate court could modify this result, at the current time, labor unions seeking to resist retroactive changes in their health insurance have a strong argument to present simply by citing to Judge Orlando's ruling.
Filed Under: Wage and Hour Cases
November 6, 2013
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.
