CITY OF TUKWILA
and
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 2088

DECISION 10536 (PECB)

The union alleged employer interference and discrimination in violation of RCW 41.56.140(1) and refusal to bargain in violation of RCW 41.56.140(4), concerning a unilateral change to work schedules and refusal to meet and bargain over the interpretation of the timing of an arbitration demand. The remedy request included a demand for attorney fees under the provisions of Chapter 49 RCW (for actions concerning wages). The complaint did not indicate employer reprisals for union activities. The Commission does not assert jurisdiction over contract disputes (timing of arbitration demand) and has no jurisdiction under Chapter 49 RCW. The only cause of action was for a unilateral change to work schedules. A deficiency notice was issued. The union did not respond. A preliminary ruling and deferral inquiry was issued for the allegations concerning interference and refusal to bargain, by a unilateral change to work schedules. The remainder of the complaint was dismissed.

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By: David I. Gedrose, Unfair Labor Practice Manager
September 16, 2009

Case 22646-U-09-5791

DIG