DECISION 9892-A (PECB)

Did the Examiner correctly conclude that the employer did not commit an unfair labor practice when it unilaterally transferred the Class B inspection work out of the IAFF bargaining unit without first satisfying its collective bargaining obligation?

The Commission disagrees with the Examiner’s factual conclusion that the transfer of the Class B building inspection work was temporary in nature. Although the evidence and testimony demonstrate that the employer intended the IAFF bargaining unit to perform the Class B work on a temporary basis, the fact that the IAFF bargaining unit employees continued to perform the work for three and one-half years defeats the argument that the transfer of work was temporary. Additionally, because the IAFF bargaining unit was performing Class B inspection work except for government buildings, which the Teamsters bargaining unit continued to perform, we disagree with the Examiner that the work was similar to the building inspection work being performed by the Teamsters’ bargaining unit. However, even though the Commission disagrees with the Examiner on these two points, the Commission nevertheless agrees with the Examiner that the IAFF bargaining unit suffered no significant detriment when the employer transferred the Class B building inspection to the Teamsters bargaining unit. Accordingly, the commission affirms the Examiner’s conclusion that the employer did not commit an unfair labor practice.

For the full decision, click here.

By: Marilyn Glenn Sayan, Chairperson
Pamela G. Bradburn, Commissioner
Thomas W. McLane, Commissioner
September 15, 2009

Case 20529-U-06-5229

ERC