DECISION 10068 (PSRA)

The union filed a complaint alleging employer interference with employee rights in violation of RCW 41.80.110(1)(a) and refusal to bargain in violation of RCW 41.80.110(1)(e), by its unilateral change in imposing multi-unit, multi-employer, and off-campus bargaining upon the union, without providing and opportunity for bargaining.

The union represents non-academic employees at Western Washington University (WWU). The union filed its complaint on April 2, 2008. A deficiency notice was issued, and the union filed an amended complaint on April 30, 2008. The complaint and amended complaint alleged that the employer informed the union in November or December 2007 that it intended to jointly bargain with all union bargaining units at both WWU and Central Washington University, and that bargaining would take place off-campus. The union claimed this was a unilateral change and presented as a fait accompli.

Between November 2007 and the end of April 2008 the union never demanded bargaining over the issues. The complaints presented no evidence that the employer ever repeated its intentions or arranged for and demanded bargaining under the conditions at issue, either immediately after the alleged 2007 pronouncements, or a later date. The union did not state a cause of action for an employer unilateral change through fait accompli. Lake Washington Technical College, Decision 4721-A (PECB, 1995).

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By: David I. Gedrose, Unfair Labor Practice Manager
May 12, 2008

Eric T. Nordlof, for the union.
Gil Hodgson, for the employer.

Case 21631-U-08-5518

DIG