DECISION 10487 (EDUC)

A preliminary ruling and order of partial dismissal was issued in this case. The union filed an unfair labor practice complaint alleging employer violations of RCW 41.59.140 through refusal to bargain by breach of good faith and circumvention, independent interference, discrimination, breach of contract, and domination or assistance of a union. The complaint stated causes of action for circumvention and independent interference, but the remaining allegations were deficient. In response to a deficiency notice, the union filed an amended complaint withdrawing the allegations concerning breach of contract and domination or assistance of a union. The amended complaint cured the defective allegation concerning discrimination. The amended complaint presented additional claims of discrimination and independent interference. The claims involved the same parties, were timely and germane, and did not delay the proceedings; thus, they were allowed.

The allegation concerning breach of good faith was dismissed. This claim involved charges of regressive bargaining through the employer’s opening proposal in contract negotiations. However, regressive bargaining occurs when one party at the bargaining table evidences an attempt to make a proposal less attractive. City of Redmond, Decision 8863-A (PECB, 2006). An opening proposal by one party does not necessarily constitute an unfair labor practice simply because the other party finds it repugnant.

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By: David I. Gedrose, Unfair Labor Practice Manager
July 27, 2009

Michael Horner, for the union.
Jo-Ellen Thomas, for the employer.

Case 22522-U-09-5752

DIG