The latest case law and legal developments in Washington labor & employment law.
By Jim Cline
In Washington State Department of Children, Youth, and Families, Examiner Casillas dismissed the case, holding that Complainant failed to prove her employer had discriminated against her for engaging in a protected activity. Examiner Casillas found that management had engaged in multiple non-disciplinary attempts to correct Complainant’s behavior over several years and that Complainant failed to provide any evidence such corrective attempts were the result of union animus.
By Jim Cline
In Spokane School District, Examiner Hickey held that the Spokane Education Association had violated its duty of fair representation by withholding requested information from an investigatory meeting. Complainant had relied on the Union representative’s promise to share notes, but the representative later refused without citing any legitimate interest for the withholding.
Jim Cline
In Washington State Department of Children, Youth, and Families, Examiner Greer dismissed the complaint, holding that the Employer did not discriminate against the Complainant, who alleged she was terminated after communicating her intent to join a grievance. However, Examiner Greer found the Employer’s reasons for termination “were not pretextual for discrimination, nor substantially motivated by union animus.”
By Jim Cline and Abagail Klonsinski
In King County Metro, Examiner Todd granted summary judgment for the Union, finding that the Union did not breach their duty of fair representation (DFR) when it withdrew his grievance from arbitration. The Complainant ultimately failed to produce evidence which showed the Union had acted in an arbitrary manner or bad faith when making their decision, so summary judgment was appropriate in favor of the Union.
By Jim Cline and Abagail Klonsinski
In King County, Arbitrator Khoury sustained the grievance of a law enforcement officer in part, holding there had been failures on both sides, but that termination was not supported when one of the factors used to escalate discipline violated the principle of double jeopardy.
By Jim Cline and Abagail Klonsinski
In Benton County, PERC Examiner Leonard dismissed the complaint alleging that the employer discriminated when it denied the complainant light duty. Leonard concluded that there was insubstantial evidence to support complainant’s argument that his union activity was a substantial motivating factor in placing him on light duty.
By Jim Cline and Abagail Klonsinski
In City of Port Angeles, Arbitrator Susan Bauman found there was just cause to terminate a patrol officer who failed to meet the Department’s standards of ethical conduct. The Officer had failed to timely file a report regarding a potential sexual assault and was untruthful throughout an Internal Affairs investigation, which she concluded supported termination rather than lesser progressive discipline.
By Jim Cline and Abagail Klonsinski
In City of Lakewood, Arbitrator Mayne ordered reinstatement and expungement of a police officer’s record after finding there was no just cause to terminate the Officer for untruthfulness.
By Jim Cline and Abagail Klonsinski
In King County Corrections Guild, Examiner Slone-Gomez dismissed a case after finding a King County Corrections Officer failed to show that his union had breached its duty of fair representation (DFR) by refusing to file a grievance regarding his involuntary separation from the County.
By Jim Cline and Kim Lowe
In Pierce County, Arbitrator Clauss reinstated a deputy police officer, finding that the County failed to prove that she was intentionally dishonest or that she withheld any information material to a separate investigation. The Arbitrator applied the usual principles of just cause and progressive discipline and found that the department did not have just cause to terminate the Deputy.
