DECISION 10511 (PECB, 2009)

The union filed interference, discrimination, and refusal to bargain claims against the employer for a written reprimand given to a union member. The union alleged that the discipline was in reprisal for union activities protected by Chapter 41.56 RCW. The union and employer were negotiating a first contract, and the union alleged refusal to bargain by the employer refusing to arbitrate a grievance over the discipline.

A cause of action was found for allegations of employer interference and discrimination in reprisal for union activities. No cause of action was found for interference and refusal to bargain. Grievance arbitration clauses do not survive the expiration of contracts. Asotin County, Decision 9549-A (PECB, 2007). A deficiency notice was issued. The union sent a letter requesting clarification of the deficiency notice, but did not file an amended complaint. The complaint was dismissed as to the interference and refusal to bargain allegations, and a preliminary ruling was issued concerning the interference and discrimination allegations.

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By: David I. Gedrose, Unfair Labor Practice Manager
August 18, 2009

Case 22591-U-09-5777

DIG