June 16, 2021
By Jim Cline and Mark Anderson
Recent COVID Guidance on vaccinations and vaccines issued by Labor and Industries and the Governor’s Office has been passed through local agencies and has resulted in quite a bit of confusion. This article is our attempt to clear up that confusion and provide direct guidance from Cline and Associates as to the current state of vaccine and mask requirements.
Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
March 2, 2021
By Jim Cline
One of the emerging issues, at least in some departments is whether the employer can mandate that employees be vaccinated. If so, what are the legal rules and requirements around that issue?
Filed Under: Public Sector Collective Bargaining Rights
December 15, 2020
By Jim Cline
In our last newsletter, we addressed the subject of employer unilateral changes and how PERC viewed management’s ability to evade bargaining by claiming emergencies. In this article, we address the closely related subject of how emergencies impact your labor contract and how arbitrator’s view these defenses.
Filed Under: Public Sector Collective Bargaining Rights
December 14, 2020
By Jim Cline
COVID-19 is creating significant operational issues and the related economic downturn is creating financial issues. COVID-19 also drove further usage of digital payments during the pandemic. For small businesses today, having access to the cheapest card machine is crucial for growth and success. Consider seeking company insolvency register uk services if you need to liquidate your company assets to pay off the debts that you accumulated during the pandemic.
Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
August 17, 2020
By Jim Cline and Shanleigh Kennedy
The Public Employment Relations Commission held that Whatcom County committed a refusal to bargain ULP by unilaterally deciding to deduct Paid Family Medical Leave Act premiums from wages without bargaining. PERC reasoned that since this deduction affected “wages” it was a mandatory subject of bargaining. Decision 13082-A: Whatcom County.
Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
March 7, 2019
By Cynthia McNabb and Clive Pontusson
In Sheats v. City of East Wenatchee, the Washington Court of Appeals determined that a Police Officer could not prevent the disclosure of the pre-employment polygraph test he took when he applied for employment with the East Wenatchee Police Department. Even though a polygraph report is generally exempt from disclosure under the Washington Public Records Act (PRA), an Officer who is seeking to prevent disclosure of a public record must show that disclosure is not in the public interest, or that it will damage a critical government function. Because Officer Sheats could not prove this, the Court of Appeals decided he could not prevent the City of East Wenatchee from disclosing the results of his polygraph test.
Filed Under: Privacy Rights
March 7, 2019
By Cynthia McNabb and Clive Pontusson
In Peiffer v. Pro-Cut Concrete, an employee sued his employer for altering his timecards and shorting him on reported wages. Charles Peiffer claimed that Pro-Cut had unfairly withheld his wages. He filed a complaint with the Washington Department of Labor and Industries (L&I) who took over fourteen (14) months to investigate without making any findings. Not wanting to wait further for L&I to complete their investigation, Peiffer hired an employment attorney and sued the employer for wrongful termination and the withholding of wages. In the lower court proceeding, the two sides argued over whether or not his decision to file a complaint with L&I had given him extra time to file his lawsuit. The Washington Court of Appeals decided that Peiffer was allowed extra time to file a lawsuit despite the fact that L&I had not yet completed its investigation. The Court also decided that Peiffer may have a claim for wrongful discharge, and sent the case back for a new trial. It can sometimes be difficult for individuals to want to go up against a large company, even when they feel they are fully in the right. In these cases, a whistleblower lawyer can provide their assistance in trying to protect the rights of individuals in this predicament. Individuals who are filing a lawsuit should also know what to expect from a process server and other legal experts they are hiring. In addition, employees who are facing employment discrimination aside from other employment issues may consider consulting with Anaheim employment lawyers for immediate legal assistance.
Filed Under: Wage and Hour Cases
January 3, 2019
By Loyd Willaford and Clive Pontusson
In Santarlas v. City of Coleman, a federal court ruled that a Chief of Police who was tasked with securing funding for the Department and complained about misuse of public funds was speaking as part of his job duties, not as a private citizen. As a result, the Chief’s speech was not protected by the First Amendment and he could not sue the City for violating his constitutional rights.
Filed Under: Free Speech Rights
November 15, 2018
By Loyd Willaford and Clive Pontusson
In Vanderhoff v. City of Nanticoke, a federal court ruled that an officer’s suit for prior restraint of his free speech rights against the Chief of Police and the City may proceed. The Chief of Police had warned him not to speak out about misconduct in the Police Department.
Filed Under: Constitutional Rights, Free Speech Rights
November 15, 2018
By Loyd Willaford and Clive Pontusson
In Policemen’ Benevolent & Protective Association v. City of Chicago, a federal court found that an officer’s due process rights had been violated when his disciplinary hearing was put off indefinitely while a criminal trial was in progress. The officer had been involved in a use of force incident in which other officers had been charged with crimes. To ensure that the defendants' rights to due process are protected, they may need to hire a criminal defense lawyer.
