Issue 1: Did the employer have a duty to bargain its decision to contract out bargaining unit work of transporting basic life support patients to local hospitals?

Issue 2: Did the employer meet its burden of proof to show an affirmative defense of waiver by inaction in regards to its duty to bargain?

Issue 3: Did the employer meet its burden of proof to show an affirmative defense of legal necessity in regards to its duty to bargain?

Based upon the record presented, the Examiner finds the employer had a duty to bargain its decision to contract out bargaining unit work of transporting basic life support patients to local hospitals, the employer did not prove an affirmative defense of waiver by inaction or legal necessity, and the employer committed a violation of RCW 41.56.140(1) and (4) by refusing to bargain its decision to contract out bargaining unit work of transporting basic life support patients to local hospitals.

For the full decision, click here.

By: Paul T. Schwendiman, Examiner
April 30, 2008

Alex J. Skalbania, for the union.
Daniel B. Heid, for the employer.

Case 20161-U-06-5136

PTS