Mason General Hospital, Decision 9996 (PECB, 2008)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
UNITED STAFF NURSES UNION, )
LOCAL 141, )
) CASE 21035-U-07-5367
Complainant, )
) DECISION 9996 - PECB
vs. )
)
MASON GENERAL HOSPITAL, ) FINDINGS OF FACT,
) CONCLUSIONS OF LAW,
Respondent. ) AND ORDER
___________________________________)
James G. McGuinness, Attorney at Law, for the union.
Robert W. Johnson, Attorney at Law, for the employer.
On April 24, 2007, United Staff Nurses Union, Local 141 (union)
filed a complaint with the Commission, alleging that Mason General
Hospital (employer) committed unfair labor practices by informing
employees that they could not request unpaid time off unless they
had exhausted all of their accrued paid time off. The union alleges
that the employer made an unlawful unilateral change by failing to
notify the union and provide it with an opportunity to bargain
before implementing these new requirements. On April 27, 2007, the
Commission issued a preliminary ruling finding a cause of action to
exist for employer interference with employee rights and employer
refusal to bargain. On September 21 and October 22, 2007, Examiner
Lisa Hartrich conducted a hearing.
ISSUES PRESENTED
1. Is employee use of unpaid leave a mandatary subject of
bargaining?
2. Did the employer change its established past practice
concerning employee use of unpaid leave?
3. Did the employer provide notice to the union and an opportunity
to bargain, before changing its policy concerning employee use
of unpaid leave?
4. Did the union waive its right to bargain through language in
the parties' collective bargaining agreement?
I find that requirements surrounding the use of paid leave and
employees' ability to request unpaid leave are mandatary subjects of
bargaining. The employer's January 19, 2007 e-mails made a change
in its established past practice concerning employee use of unpaid
leave. The employer failed to notify the union before changing its
practice. The employer did not meet its burden of proof to show
that the union waived its bargaining rights through language in the
collective bargaining agreement.
Issue 1: Mandatory Subject of Bargaining
Is employee use of unpaid leave a mandatary subject of bargaining?
When public employees are represented by a union for the purpose of
collective bargaining, their employer has a duty to bargain with the
union over changes to "mandatory" subjects of bargaining.
As defined in RCW 41.56.030(4), the duty to bargain extends to
"personnel matters, including wages, hours and working
conditions . . ." The scope of mandatory bargaining thus is
limited to matters of direct concern to employees. Managerial
decisions that only remotely affect "personnel matters", and
decisions that are predominantly "managerial prerogatives", are
classified as nonmandatory subjects.
International Association of Fire Fighters, Local 1052 v. Public
Employment Relations Commission (City of Richland), 113 Wn.2d 197
(1989).
In determining whether a topic is a mandatory subject of bargaining,
the Commission balances (1) the relationship of the subject to
wages, hours, and working conditions, and (2) the extent to which
the subject lies at the core of entrepreneurial control or is a
management prerogative. City of Richland, Decision 2448-B (PECB,
1987), remanded, 113 Wn.2d 197 (1989). Richland requires
application of the balancing test to the particular facts of the
case at hand. The critical consideration in determining whether an
employer has a duty to bargain is the nature of the impact on the
bargaining unit. Spokane County Fire District 9, Decision 3661-A
(PECB, 1991).
The Commission has frequently ruled that employees' ability to use
leave time is a mandatory subject of bargaining. Requests for time
off were held to be a mandatory subject of bargaining in City of
Clarkston, Decision 3286 (PECB, 1989). In City of Yakima, Decision
3564-A (PECB, 1991), the Commission explored leave issues in depth
and strongly reiterated the policy that an actual change in how paid
leave is available is a mandatory subject of bargaining.
Analysis
The union is the exclusive bargaining representative of all
registered nurses and resident general duty nurses employed by the
employer. The union and the employer were parties to a collective
bargaining agreement effective from December 22, 2004, through June
30, 2007.
Under the collective bargaining agreement nurses accrue "earned
time" based on the number of hours they work. Earned time is a type
of paid leave that combines traditional sick leave and annual leave
into a single bank of paid time off. The accrual and use of earned
time is a matter that directly relates to employees' work hours.
Because earned time is paid time off it is also a wage issue.
Nurses use earned time to make up for wages they are not able to
earn when the hospital experiences a lack of work, also called "low
census." Additionally, maintaining a bank of earned time allows
employees to protect themselves against lost wages should they
become sick, as they do not earn separate sick leave. Requesting
unpaid leave directly impacts work schedules and hours employees are
required to work. The ability to request unpaid leave impacts the
use of earned time and the ability to bank earned time for uses
described above. Overall, employees' ability to determine when they
use their earned time has a significant impact on the employees both
in regards to their pay and scheduling of hours.
The use of earned time and the ability to request unpaid leave are
also management issues. It takes management time to process leave
requests and evaluate scheduling options. The use of paid versus
unpaid leave also has financial costs to the employer. Because it
is critical that all shifts are covered, the employer sometimes has
to use traveling nurses or pay overtime to unit employees to cover
for employees on leave. The employer's ability to schedule
employees is a matter of entrepreneurial control.
The employer raises a number of arguments that relate to the
approval and scheduling of unpaid leave. Although employees'
ability to request unpaid leave is interrelated to these subjects,
it should be noted that approval and scheduling of unpaid leave is
not the issue before the Commission and is not addressed in this
decision.
On balance, rules that instruct nurses that they must use earned
time in a particular manner and condition unpaid leave requests on
the use of earned time are personnel matters that lie at the heart
of wages, hours and working conditions and are therefore mandatory
subjects of bargaining.
Conclusion
The employer policy requiring employees to exhaust paid leave before
requesting unpaid leave is a mandatory subject of bargaining because
it directly involves employees' wages and hours.
Issue 2: Change in Past Practice
Did the employer change its established past practice concerning
employee use of unpaid leave?
In order to evaluate whether or not an employer has made a
unilateral change in a mandatory subject of bargaining, it is
critical to first understand the established practice. As the
Commission explained in Kitsap County, Decision 8893-A, (PECB, 2007):
For a "past practice" to exist, two basic elements are
required: (1) a prior course of conduct; and (2) an
understanding by the parties that such conduct is the proper
response to the circumstances.
In order to meet the test described above "It must . . . be shown
that the [prior course of] conduct was known and mutually accepted
by the parties." Kitsap County, Decision 8893-A. The Commission
also considers the impact a change has on employees. To constitute
an unfair labor practice, a change in the status quo must be
meaningful and have a "material and substantial" impact on
employees' terms and conditions of employment. Kitsap County,
Decision 8893-A citing City of Kalama, Decision 6773-A (PECB, 2000)
and King County, Decision 4893-A (PECB, 1995).
Furthermore, "[t]o be part of the status quo, a rule or policy must
be a precedent which the employer has used during the relevant past,
not merely a written policy which is pulled off the shelf just in
time to fend off an unfair labor practice charge." King County,
Decision 5810-A (PECB, 1997), aff'd, 94 Wn. App. 431 (1999).
Analysis
The employer requires employees to fill out and submit a personnel
request form (Form 161) when requesting the use of leave time or
requesting a shift trade. Until July 2007 the top of the form
stated "Type of request: Please indicate whether time off is with or
without pay" and had a check box next to each option.
Since approximately 2001, nurses working in the Emergency Department
frequently turned in personnel request forms that requested time
off, but did not mark the type of leave requested as either paid or
unpaid. Emergency Department nurses would intentionally leave the
paid versus unpaid boxes blank because their actual work hours
varied. They preferred to wait to see how many hours they worked in
the pay period before deciding whether or not they wanted to use
paid leave. Personnel request forms that did not specify the type
of leave as paid or unpaid were routinely approved by the person
processing Emergency Department leave requests.
The frequency with which nurses in the Emergency Department used
unpaid leave varied by individual. Some unit employees took unpaid
leave several times each year, even if they had accrued paid leave
available. Cheryl Graf, Emergency Services Director, directly
supervises the Emergency Department nurses. According to Graf, a
good share of the Emergency Department staff used unpaid time off
without exhausting paid leave. This was supported by the testimony
of several nurses in the Emergency Department who used unpaid leave
in 2005 and 2006 without exhausting their paid leave. In other
departments of the hospital, nurses did not routinely request or use
unpaid leave.
Graf became aware in the fall of 2005 that Emergency Department
nurses were taking leave without pay, which was about six months
after she started her position. Graf explained that she was unsure
if this was an appropriate practice and asked her supervisor and the
Human Resources Director about it. She did not testify about the
response from her supervisor or Human Resources. Graf later brought
the practice to the attention of Diane Skillman, Chief Operations
Officer. There was no testimony about Skillman's response. The use
of unpaid leave by Emergency Department nurses came to the attention
of Robert Appel, Chief Executive Officer of the hospital, at a
department head meeting a month or two before Appel sent a January
19, 2007 e-mail informing employees that they could not request
unpaid time off unless they had exhausted all of their accrued paid
time off.
When Graf was asked if the practice of allowing Emergency Department
nurses to take unpaid leave was something her supervisor permitted,
Graf explained, "I don't believe anybody was permitting it. I think
it had just been a practice that had been in place for quite some
time. I don't think that it was necessarily anybody was
necessarily aware of it." Despite the conversations Graf had with
other members of management, there was no evidence that Graf took
any action to communicate her concerns to the employees or to end
the practice.
Appel testified that he learned that nurses in the Emergency
Department were taking leave without pay at a Monday morning
management meeting, the date of which is unknown. The subject came
up in a discussion about the Emergency Department having difficulty
staying within their budget and staffing. Appel testified that
learning of the practice in the Emergency Department "upset me a
great deal and my statement I think was they can't do that, take
leave without pay if you have leave time on the books."
By e-mail dated January 19, 2007, Appel informed employees:
I would just like to remind all staff that you may not take
time off without pay as a means to save up vacation time. If
you have PTO (paid time off, vacation time, earned time), you
must use that time for absences from work. If you have any
time in your earned time bank, you must use that time.
The same day Graf sent another e-mail to Emergency Department staff,
which stated:
Please make sure you have read and understand Mr. Appel's memo
on taking time off without pay, each employee must meet their
FTE in time and attendance when off from work. If you don't
have time on the books for a vacation you will need to see me
first before putting in a 161 [personnel request form] to ask
for time off.
The first notice the union received concerning the employer's
requirement that nurses exhaust their paid time off before taking
time off without pay, was from employees who received the employer's
January 19 e-mails.
On January 23, 2007, the union contacted the employer by letter.
Specifically, John Aslakson, union representative, wrote:
I have reviewed your e-mail of January 19, 2007 concerning the
issue of Time Off. It is the position of USNU Local 141 that
your statements regarding the mandatory use of Earned Time and
the unilateral denial of Time Off "Without Pay" is a violation
of our member's contractual rights and represents a change in
past practice.
The union went on to request that the employer notify its managers
that the e-mail does not apply to bargaining unit nurses.
By letter dated February 16, 2007, Appel responded to the union's
January 23 letter, explaining:
[I]t has come to my attention that managers have at times
allowed employees to take time off without pay even though they
have earned time available, and this was the reason for my memo
to remind them that this is not our practice. I find no where
in the contract that it states that an employee has the right
to take time off without pay.
The District personnel policies section 4. Leave of Absence
spells out the procedure to request a leave without pay at the
Administrator/CEO's absolute discretion. I have received no
such requests from nurses.
On April 24, 2007, the union filed the unfair labor practice
complaint at issue in this proceeding.
On June 15, 2007, an Emergency Department nurse submitted a leave
request to Graf, requesting to take two days of leave without pay.
Graf changed the request to paid leave and in the comments section
wrote "Vac time is granted. PTO [paid time off] hours being used."
In or around July 2007, the employer replaced copies of the
personnel request Form 161 with a revised version that removed the
unpaid leave option.
On July 25, 2007, Graf sent an e-mail to employees stating:
ER staff, reminder vacation time is approved as paid time off
and not leave without pay. Every FTE staff member must meet
their FTE each month. . . . If you are requesting time off
without pay this is something that I will not be able to
approve and will have to go to administration for pre-approval.
The record contains no evidence of an employer policy that prevented
nurses from requesting unpaid leave because they had accrued paid
leave available. Although there was testimony from supervisors that
nurses in their departments had not requested unpaid leave when they
had paid leave available, there was no evidence of a policy
prohibiting employees from making such a request.
The employer argues that it was unaware that employees in the
Emergency Department were leaving the paid versus unpaid boxes on
the personnel request form blank. The employer points to flaws in
its previous computer-based time keeping system that allowed
employees to input their own hours for payroll. The employer claims
that it was unaware that employees were not using their accrued paid
leave (earned time). The employer further maintains that nurses in
other departments did not routinely request or use unpaid time off.
An employer is bound by the conduct of its supervisors because they
are agents of the employer. Just as supervisors can commit unfair
labor practices attributable to their employer, a supervisor can
also establish a binding past practice. Port of Seattle, Decision
1624 (PECB, 1983). A past practice can be unique to a specific
group of employees, such as a single department or job
classification. When a supervisor knowingly allows a pattern of
activity to persist the supervisor condones the activity and allows
it to become an established practice. King County, Decision 5810-A.
Claims that the employer was somehow powerless to control the use of
unpaid time because employees entered their own hours into a
computer system, do not shield the employer from condoning the
practice. It is clear from Graf's testimony that the employer was
aware that nurses in the Emergency Department were not exhausting
all paid leave before requesting or taking unpaid leave in the fall
of 2005. Graf knowingly allowed this practice to continue for over
a year. This was enough time to establish a past practice.
The employer also cites City of Yakima, Decision 3564-A (PECB, 1991)
and argues that the erroneous enforcement of a rule by one
supervisor does not, by itself, change the rule or create a new
status quo. This case is distinguishable from City of Yakima. In
City of Yakima the employer presented evidence of an established
policy. Here there is no evidence of an existing policy prohibiting
employees from requesting unpaid leave when they had accrued paid
leave. The employer's personnel request Form 161 allowed employees
to request unpaid leave. No evidence was presented to show that
employees were informed they could not make a request for unpaid
leave when earned time was available, prior to the January 19
e-mails at issue in this proceeding.
Conclusion
The employer had an established past practice of allowing employees
to request and/or take unpaid time off when the employees had paid
earned time available. The employer also had a practice of allowing
employees to request unpaid leave by marking the unpaid box on the
personnel request form. The employer's January 19, 2007 e-mails
changed its established past practice concerning employee use of
unpaid leave.
Issue 3: Notice to Union and Opportunity to Bargain
Did the employer provide notice to the union and an opportunity to
bargain, before changing its policy concerning employee use of
unpaid leave?
When an employer is considering making a change to a mandatory
subject of bargaining it has an obligation to notify the union prior
to making a decision on the matter. The notice must be given
sufficiently in advance of the actual implementation of a change in
order to allow a reasonable opportunity for the union to bargain
with the employer about the proposed change. Lake Washington
Technical College, Decision 4721-A (PECB, 1995), and Washington
Public Power Supply System, Decision 6058-A (PECB, 1998).
If the employer already implemented the change at the time the union
is given notice, the notice is not considered timely. Lake
Washington Technical College, Decision 4721-A. A union is excused
from demanding bargaining to overturn a fait accompli.
Analysis
On January 19, 2007, Appel and Graf each sent e-mails to unit
employees concerning use of paid time off. The employer did not
contact the union prior to sending the January 19 e-mails to its
employees. The union found out about the e-mails from concerned
employees in the bargaining unit who received the e-mails. The
employer failed to notify the union and provide an opportunity to
bargain before implementing changes to its leave request policies.
Issue 4: Waiver by Contract
Did the union waive its right to bargain through language in the
parties' collective bargaining agreement?
As explained in Island County Fire District 1, Decision 9867 (PECB,
2007):
Where agreements on a negotiated subject are set forth in a
collective bargaining agreement, a waiver by contract will
exist as to that subject for the life of the agreement. A
party who asserts a waiver by contract has the burden of proof
to show a clear and unmistakable waiver of its bargaining duty.
Yakima County, Decision 6594-C (PECB, 1999). The Commission
has consistently evaluated waiver by contract claims under the
clear and unmistakable standard, so that the contract language
being relied upon must be specific, or it must be shown that
the parties fully discussed the matter and that the party
alleged to have waived its rights consciously yielded its
interest in the matter. City of Wenatchee, Decision 8802-A
(PECB, 2006).
In City of Wenatchee, Decision 8802-A (PECB, 2006), the Commission
reiterated that general management rights clauses often asserted by
employers as waivers of union bargaining rights are generally
inadequate to meet the high standards for finding a waiver. See
Chelan County, Decision 5469-A (PECB, 1996).
In City of Wenatchee, Decision 8802-A, the issue was whether the
employer could unilaterally reduce the minimum staffing level on a
fire fighting shift. The management rights clause stated in part
that the employer could "determine the number of personnel assigned
to duty at any time." The Commission ruled that the management
rights clause was a specific waiver of the union's right to bargain
minimum staffing levels of a ladder truck.
Analysis
The first step of the analysis is to look at the exact wording of
the contract. The parties' collective bargaining agreement contains
a management rights clause which states:
3.2 Rights. [T]he employer reserves the exclusive right to
exercise the customary functions of management, including, but
not limited to . . . the right to select, hire, promote,
dismiss, assign and reassign, supervise and discipline nurses,
to determine hours of employment . . . to establish, change,
modify and abolish its policies, practices, rules and
regulations; to determine, modify and change methods and means
by which Hospital operations are to be carried on, and to
determine the appropriate duties of nurses in meeting those
needs and requirements, and do those things necessary to carry
out all ordinary functions of management except as these
matters are specifically referred to in this Agreement.
The agreement contains various sections on leave time. Section 8.9
Work Schedule states in relevant part:
The Employer retains the right to adjust work schedules to
maintain an efficient and orderly operation. Monthly work
schedules will be posted at least ten (10) days prior to the
beginning of the scheduled work period. Except for emergency
conditions . . . individual scheduled hours of work set forth
on the posted work schedule may be changed only by mutual consent.
Requests for time off (paid or unpaid) which are submitted by
the 5th of the prior month shall be granted based on the
Employer making every reasonable effort to provide replacement
coverage.
Relevant parts of Article 13 Leave of Absence state:
13.1 In General. All leaves are to be requested from the
Employer in writing as far in advance as possible, stating all
pertinent details and the amount of time requested. A written
reply to grant or deny the request shall be given by the
Hospital.
13.3 Leave Without Pay. Leave without pay for a period of
thirty (30) days or less within an anniversary year shall not
alter a nurse's anniversary date of employment and no benefits
shall accrue during such leave unless specifically agreed to by
the Hospital.
13.4 Educational Leave.
13.4.1 Unpaid Educational Leave. After one (1) year of
continuous employment, permission shall be granted for
leave of absence without pay for job-related study without
loss of accrued benefits, provided such leave does not
jeopardize Hospital Service.
. . . .
13.5 Maternity Leave. After successful completion of the
probationary period, leave without pay shall be granted upon
request of the nurse for a period of up to six (6) months. . . .
13.6 Parental Leave. After completion of the probationary
period, a leave of absence without pay shall be granted upon
the request of the nurse for a period of up to twelve (12)
weeks . . . for the birth of a natural child, adopted child or
to care for a terminally ill child. . . .
13.7 Health Related Leave. After successful completion of the
probationary period, a leave of absence may be granted without
pay for health reasons upon the recommendation of a physician
for a period of six (6) months without loss of accrued
benefits.
. . . .
13.10 Special Leave. A leave of absence may be granted for
reasons other than those listed above and such requests for
special leave shall be submitted to the department head.
Special leaves have to be approved by the Hospital
Administrator and may be denied at his sole discretion.
The management rights clause gives the employer the right to
establish, change, modify, and abolish its policies, practices,
rules, and regulations except as these matters are specifically
referred to in the collective bargaining agreement. Several
sections of the agreement reference the ability of employees to
request unpaid leave of various types. None of these sections
require employees to exhaust their earned time or paid leave before
making such a request. Furthermore, requests for unpaid time off
are specifically referenced in section 8.9 of the agreement.
Conclusion
The management rights clause does not constitute a waiver of the
union's statutory bargaining rights because the clause is modified
by other sections of the collective bargaining agreement. I find
that the employer failed to meet its burden of proof to show a clear
and unmistakable waiver of its duty to bargain.
FINDINGS OF FACT
1. Mason General Hospital is a public employer within the meaning
of RCW 41.56.030(1).
2. United Staff Nurses Union, Local 141, a bargaining
representative within the meaning of RCW 41.56.030(3), is the
exclusive bargaining representative of an appropriate unit of
all registered nurses and resident general duty nurses employed
by the employer.
3. The employer and union were parties to a collective bargaining
agreement effective from December 22, 2004, through June 30,
2007.
4. Robert Appel is the Chief Executive Officer of Mason General
Hospital.
5. Cheryl Graf occupies the Emergency Services Director position
and is responsible for supervising nurses in the employer's
Emergency Department. Graf has held this position since the
spring of 2005.
6. Since approximately 2001, bargaining unit nurses in the
Emergency Department have been allowed to submit leave requests
that do not specify whether the leave they are requesting is
paid or unpaid, and to decide at the end of each pay period
whether the leave used in that pay period will be paid or
unpaid.
7. Since approximately 2001, bargaining unit nurses in the
Emergency Department have been permitted to request unpaid
leave when they had earned time (paid leave) in their leave bank.
8. In the fall of 2005, Graf became aware that bargaining unit
employees in the Emergency Department were taking unpaid leave
when they had earned time (paid leave) available.
9. On January 19, 2007, Appel sent an e-mail to all Mason General
Hospital staff members which stated:
I would just like to remind all staff that you may not
take time off without pay as a means to save up vacation
time. If you have PTO (paid time off, vacation time,
earned time), you must use that time for absences from
work. If you have any time in your earned time bank, you
must use that time.
10. On January 19, 2007, Graf sent an e-mail to all Emergency
Department nurses which stated:
Please make sure you have read and understand Mr. Appel's
memo on taking time off without pay, each employee must
meet their FTE in time and attendance when off from work.
If you don't have time on the books for a vacation you
will need to see me first before putting in a 161
[personnel request form] to ask for time off.
11. The e-mails described in Findings of Fact 9 and 10 affected
employees' ability to request unpaid leave. Some bargaining
unit employees in the Emergency Department who previously used
unpaid leave stopped requesting and/or taking unpaid leave.
12. In June 2007 an Emergency Department employee requested time
off without pay. The employee's request was altered by Graf to
request time off with pay and it was noted that the employee's
paid time off hours would be used.
13. The employer did not notify the union and provide it with an
opportunity to bargain before sending the January 19, 2007
e-mails to employees concerning use of paid leave and requests
for unpaid leave.
14. Form 161, the form used by employees to request time off from
work, gave employees the option of requesting either paid or
unpaid leave. In July 2007, Form 161 was revised and the
unpaid leave option was removed.
CONCLUSIONS OF LAW
1. The Public Employment Relations Commission has jurisdiction in
this matter under Chapter 41.56 RCW and Chapter 391-45 WAC.
2. As described in Findings of Fact 6 and 7, employee use of
unpaid leave is a mandatory subject of bargaining under RCW
41.56.030(4).
3. By its unilateral change in a mandatory subject of bargaining,
as described in Findings of Fact 9 through 14, Mason General
Hospital refused to bargain and violated RCW 41.56.140(4) and (1).
ORDER
Mason General Hospital, its officers and agents, shall immediately
take the following actions to remedy its unfair labor practices:
1. CEASE AND DESIST from:
a. Informing nurses that they must exhaust all paid leave
(earned time) before requesting unpaid leave.
b. Altering leave request forms to remove the unpaid leave
option.
c. In any other manner interfering with, restraining or
coercing its employees in the exercise of their collective
bargaining rights under the laws of the State of Washington.
2. TAKE THE FOLLOWING AFFIRMATIVE ACTION to effectuate the
purposes and policies of Chapter 41.56 RCW:
a. Restore the status quo ante by reinstating the wages,
hours and working conditions which existed for employees
in the affected bargaining unit prior to the unilateral
change in the leave use and request policy found unlawful
in this order.
b. Accept and consider unit employees' requests for unpaid
leave irrespective of their paid leave balance.
c. Restore the choice between paid and unpaid leave on Form
161 (Personnel Action Form) provided to unit employees.
d. Send an e-mail to all unit employees that specifically:
* Retracts Appel's January 19, 2007, e-mail;
* Retracts the portion of Graf's January 19, 2007,
e-mail that informed employees to review Appel's
January 19 e-mail and informed employees that they
must see Graf before submitting Form 161 to request
unpaid time off;
* Informs employees that they may submit requests for
unpaid leave regardless if they have earned time
available.
e. Give notice to and, upon request, negotiate in good faith
with United Staff Nurses Union, Local 141, before
informing employees that they must exhaust all paid leave
(earned time) before requesting unpaid leave.
f. Post copies of the notice attached to this order in
conspicuous places on the employer's premises where
notices to all bargaining unit members are usually posted.
These notices shall be duly signed by an authorized
representative of the employer, and shall remain posted
for 60 consecutive days from the date of initial posting.
The employer shall take reasonable steps to ensure that
such notices are not removed, altered, defaced, or covered
by other material.
g. Read the notice attached to this order into the record at
a regular public meeting of the Board of Directors of
Mason General Hospital, and permanently append a copy of
the notice to the official minutes of the meeting where
the notice is read as required by this paragraph.
h. Notify the complainant, in writing, within 20 days
following the date of this order, as to what steps have
been taken to comply with this order, and at the same time
provide the complainant with a signed copy of the notice
attached to this order.
i. Notify the Compliance Officer of the Public Employment
Relations Commission, in writing, within 20 days following
the date of this order, as to what steps have been taken
to comply with this order, and at the same time provide
the Compliance Officer with a signed copy of the notice
attached to this order.
ISSUED at Olympia, Washington, this 5th day of March, 2008.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
LISA HARTRICH, Examiner
This order will be the final order of the
agency unless a notice of appeal is filed
with the Commission under WAC 391-45-350.
Case 21035-U-07-5367
PUBLIC EMPLOYMENT RELATIONS COMMISSION
NOTICE
THE WASHINGTON PUBLIC EMPLOYMENT RELATIONS COMMISSION CONDUCTED A LEGAL
PROCEEDING IN WHICH ALL PARTIES HAD THE OPPORTUNITY TO PRESENT EVIDENCE AND
ARGUMENT. THE COMMISSION RULED THAT WE COMMITTED UNFAIR LABOR PRACTICES IN
VIOLATION OF STATE COLLECTIVE BARGAINING LAWS, AND ORDERED US TO POST THIS
NOTICE TO EMPLOYEES:
WE UNLAWFULLY informed employees that they could not request unpaid leave if
they have earned time in their bank (accrued paid leave) before notifying
their union and providing it an opportunity to bargain about this change.
TO REMEDY OUR UNFAIR LABOR PRACTICES:
WE WILL retract previous e-mails that stated you could not request unpaid
leave if you have earned time available in your leave bank.
WE WILL accept and process your requests for unpaid leave even if you have
earned time in your leave bank and we will revise Form 161 to reflect this
option.
WE WILL, upon request, bargain with your union about any changes we are
considering making to leave use policies affecting you.
WE WILL NOT implement changes to leave use and request policies without
first notifying your union and providing it with an opportunity to bargain
on your behalf.
WE WILL NOT, in any other manner, interfere with, restrain, or coerce our
employees in the exercise of their collective bargaining rights under the
laws of the State of Washington.
DATED: _________________ MASON GENERAL HOSPITAL
BY: ______________________________
Authorized Representative
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE.
This notice must remain posted for 60 consecutive days, and must not be
altered or covered by any other material. Questions about this notice or
compliance with the Commission's order may be directed to the Public
Employment Relations Commission (PERC), 112 Henry Street NE, Suite 300, PO
Box 40919, Olympia, Washington 98504-0919. Telephone: (360) 570-7300.
The full decision will be published on PERC's web site, www.perc.wa.gov.