DECISION 10410 (PECB)

Issue 1: Did the employer interfere with employee rights and refuse to bargain in violation of RCW 41.56.140(1) and (4) when it failed to provide information requested by the union during an investigation into allegations of misconduct and in processing the grievance following the termination of a bargaining unit member?

Issue 2: If the above violations are found, is an award of attorney fees to the union appropriate?

Based upon the record as a whole, the Examiner finds that the employer violated RCW 41.56.140(1) and (4) when it failed to provide information requested by the union during the investigation of allegations of misconduct and in processing the grievance concerning the termination of a bargaining unit member. The failure to provide information is found to be a continuing course of conduct by the employer and therefore, an award of attorney’s fees is appropriate.

For the full decision, click here.

By: Robin Romeo, Examiner
May 14, 2009

Gregory E. Jackson, for the employer.
Kathleen Phair Barnard, for the union.

Case 21876-U-08-5571

RAR