October 17, 2013
By Jim Cline
In another setback for Kitsap County, the Public Employment Relations Commission upheld a previous ruling that a Kitsap County Deputy prosecutor unlawfully undermined an agreement that had been reached between the Kitsap Dispatchers Guild and the County. InKitsap County, Decision 11675-A (PECB 2013), the Commission held that it was a breach of the County's duty to bargain "in good faith" when it refused to ratify an agreement that it had already informed the Guild was agreeable to the County commissioners.
Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
October 10, 2013
By Therese Norton
The Walla Walla County Commissioned Deputy Sheriff’s Association filed an unfair labor practice complaint alleging that Walla Walla County refused to engage in collective bargaining and interfered with employee rights by unilaterally changing the practice of compensating for the lunch hour during training days. PERC Examiner Slone-Gomez dismissed the complaint, finding that the County did not commit an unfair labor practice because the union failed to prove a “past practice”. Walla Walla County, Decision 11877 (PECB, 2013).
September 11, 2013
By Jim Cline
The Kitsap Deputies Guild last week prevailed on their motion for Summary Judgment before Pierce County Judge James Orlando, that an arbitrator imposed health insurance employee contribution increase should be stricken from an interest arbitration decision. He agreed with the Guild’s claims that the contributions were an unconstitutional “taking” and a violation of the state wage withholding law. Although the County vows to appeal, this case becomes the first known instance in which binding interest arbitrator decision has been modified by a Court.
Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
September 5, 2013
By Therese Norton
Unions have a legitimate interest in preserving work that their bargaining units historically perform. Thus, it can be an unfair labor practice for an employer to refuse to bargain any decision to transfer or ”skim” bargaining unit work. Recently, Everett Community College challenged the Commission’s ruling that it committed an unfair labor practice when it skimmed bargaining unit work previously performed by full-time counselors, without providing an opportunity for bargaining. Everett Community College, Decision 11135-C (CCOL, 2013).
Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
September 4, 2013
By Therese Norton
In Washington State Patrol, PERC Examiner Hartrich found that WSP interfered with employee rights when it directed a shop steward not to inquire about relevant facts while preparing to represent a bargaining unit employee in an investigatory interview. Washington State Patrol, Decision 11775 (PSRA, 2013).
August 30, 2013
By Jim Cline
A recent decision by the Washington State Supreme Court appears to be fair warning to elected city officials who mismanage personnel matters and violate employee rights. In a recent decision, the Washington State Supreme Court approved recall charges against the City of Pacific Mayor on multiple grounds, including poor personnel management practices, employment retaliation, and violating union contracts.
August 30, 2013
By Therese Norton
It is an unfair labor practice for an employer to say that employees could avoid a salary reduction if they were not represented by a union. PERC Examiner Claire Nickleberry recently found that Skagit Valley College interfered with employee collective bargaining rights by making such comments because they had a chilling effect on employees. Skagit Valley College, Decision 11536-A (PSRA, 2013).
Filed Under: Public Sector Collective Bargaining Rights
August 22, 2013
By Therese Norton
The law requires employers to make “reasonable accommodations” for individuals with disabilities to perform their jobs. Identifying and implementing those accommodations can be tricky sometimes as it requires an individualized assessment of the nature of the disability and the required job duties. Union representatives may be called upon to assist in this process.
Filed Under: Disability Discrimination, Employment Discrimination
August 1, 2013
By Anthony Rice
In City of Mukilteo, Arbitrator Steve Irvin ruled that the city did not violate its collective bargaining agreement (CBA) with the firefighters’ union when it assigned mandatory overtime to cover a public education event. The arbitrator found that, under the CBA, the city has the contractual right to assign overtime to meet its operational needs. Moreover, the city has a broad spectrum of possibilities for overtime use—such as public education.
Filed Under: Public Sector Collective Bargaining Rights
July 30, 2013
By Anthony Rice
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.
