CITY OF SEATTLE
and
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 27

DECISION 10563 ( PECB)

The union filed an unfair labor practice complaint against the employer alleging employer interference with employee rights in violation of RCW 41.56.140(1) and refusal to bargain in violation of RCW 41.56.140(4), by skimming of acting battalion chief work previously performed by fire captains, without providing an opportunity for bargaining.

The fire captains and battalion chiefs were members of different bargaining units.  The Commission had previously ruled on a work jurisdiction dispute regarding acting battalion chief work.  Kitsap Fire District 7, Decision 7064-A (PECB, 2001).  An employer has no duty to bargain over acting battalion chief work with another bargaining unit, since the work belongs exclusively to the battalion chiefs’ bargaining unit.  The fire captains did not state a cause of action.  A deficiency notice was issued.  The union did not respond.  The complaint was dismissed.

For the full decision click here.

By:      David I. Gedrose, Unfair Labor Practice Manager
October 13, 2009

Case    22695-U-09-5800

DIG