DECISION 9181-A (PECB)

Issue: Did the Employer commit an unfair labor practice when it unilaterally changed the compensatory time off policy, thereby interfering with employee rights in violation of RCW 41.56.140(4) and (1)?

We affirm the Examiner’s decision that the employer committed an unfair labor practice when it unilaterally ended the compensatory time off system. The compensatory time off system allowed leave time as compensation in lieu of monetary payment for overtime work. Compensation for overtime work is related to wages and terms and conditions of employment; as such, it is a mandatory subject of bargaining. The parties have concerned themselves with Fair Labor Standards Act (FLSA) law and labor arbitration decisions, neither of which are binding on this Commission, nor does this Commission have jurisdiction to make legal determinations in such cases.

For the full decision, click here.

By: Marilyn Glenn Sayan, Chairperson
Pamela G. Bradburn, Commissioner
Douglas G. Mooney, Commissioner
February 13, 2008

Patrick A. Emmal, for the union.
James Kalamon, for the employer.

Case 18431-U-04

ERC/DDR