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Home My WebLink About06/07/2011 11 PERC Compliance Officer Notice; Case 21562-U-08-5494 0 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT l' Item No. For Meeting of June 7, 2011 ITEM TITLE: Consideration of a Motion to read the Notice provided by the PERC Compliance Officer in Case 21562 -U -08 -5494 into the record at the regular meeting of the City Council SUBMITTED BY: Helen Harvey, Senior Assistant City Attorney Kirk A. Ehlis of Menke Jackson Beyer Ehlis & Harper, LLP CONTACT PERSON/TELEPHONE: Helen Harvey, 575 -6030 SUMMARY EXPLANATION: In February 2008, the Yakima Police Patrolmans Association (union) filed an unfair labor practice complaint alleging that the City of Yakima had committed unfair labor practices by various actions. In January 2009, a Public Employment Relations Commission ( "PERC ") examiner issued a decision, and the City appealed part of that decision. On May 4, 2011, in Case 21562 -U -08 -5494, Decision 10270 -B -PECB, PERC issued its "Corrected Decision of Commission" which is published on PERC's website, www.perc.wa.qov. The PERC Corrected 0 Decision ruled in part in favor of the City, reversing part of the examiner's 2009 decision. Other parts of the examiner's decision were upheld. Paragraph "e" on page 16 of the PERC Corrected Decision provides that the City: "Read the notice provided by the Compliance Officer into the record at a regular public meeting of the city council of the City of Yakima, and permanently append a copy of the notice to the official minutes of the meeting where the notice is read as required by this paragraph." The Notice to be read was provided by the Compliance Officer on May 16, 2011. In order to implement the PERC "Corrected Decision of Commission" dated May 4, 2011, staff respectfully requests that the City Council pass a Motion in substantially the following form: "I move that the City Clerk read the notice provided by the PERC Compliance Officer in Case 21562 -U -08 -5494 into the record at this regular public meeting of the City Council, and that a copy of the notice be permanently appended to the official minutes of this meeting, pursuant to the PERC "Corrected Decision of Commission" dated May 4, 2011." Following the passage of the Motion, the City Clerk will read the notice into the record. Resolution _ Ordinance _ Contract Other X (Specify) Read notice of PERC Compliance Officer into the record Mail to (name and address): APPROVED FOR SUBMITTAL: ��c'"T�� J i City Manager STAFF RECOMMENDATION: Staff respectfully requests that the City Council pass a Motion 0 in substantially the same wording as above. The City Clerk will read the notice provided by the PERC Compliance Officer into the record. COUNCIL ACTION: COLLECTIVE BARGAINING CASE21562 -U-08 -5494 DECISION 10270 -B - PECB • IIII fI u. W !. � (III €r H fi Mz ✓ l ± s' " ta °' l• ' ..' � '0 15 . ,1 ' STATE OF WASHINGTON a " " N Jry I F • q 1 j a lt . TICE • 4 . :;xx ,...x." ✓;;w ...trr'`21?.,x „�. •a.� e,Yr::"�'a_.ru- ..:wa. r . .,alp' a _ _..,, ,— ...z. .tx.�z..a.., a?�U._ q'� THE WASHINGTON PUBLIC EMPLOYMENT RELATIONS COMMISSION CONDUCTED A LEGAL PROCEEDING IN WHICH ALL PARTIES HAD THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT. THE COMMISSION RULED THAT THE CITY OF YAKIMA COMMITTED UNFAIR LABOR PRACTICES IN VIOLATION OF STATE COLLECTIVE BARGAINING LAWS, AND ORDERED US TO POST THIS NOTICE TO EMPLOYEES: WE UNLAWFULLY refused to bargain in good faith with the Yakima Police Patrolmans Association changes in the duration of the Detective Sergeant in Training. WE UNLAWFULLY failed to request a meeting to confer with the Yakima Police Patrolmans Association about disagreements regarding the completion of an information request made by the Association. TO REMEDY OUR UNFAIR LABOR PRACTICES: WE WILL restore the status quo ante by reinstating the wages, hours and working conditions which existed for employees in the affected bargaining unit prior to the unilateral change in duration of the Detective Sergeant in Training position. WE WILL post all openings in non - Patrol Division positions in accord with Article 23, Section 10 of the parties' collective bargaining agreement. WE WILL request a meeting and confer with the Yakima Police Patrolmans Association about disagreements regarding the completion of an information request made by the Association. WE WILL NOT, in any other manner, interfere with, restrain, or coerce our employees in the exercise of their collective bargaining rights under the laws of the State of Washington. DATED: 5) I CITY OF YAKIMA BY: Authorized Representative THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE. This notice must remain sted for 60 consecutive days, and must not be altered or covered by any Y Y Y other material. Questions about this notice or compliance with the Commission's order may be directed to the Public Employment Relations Commission (PERC), 112 Henry Street NE. Suite 300, PO Box 40919, Olympia, Washington 98504 -0419. Telephone: (360) 570 -7300. The full decision will be published on PERC's web site, www.nerc.wa.gov. MENKE JACKSON BEYER EHLIS & HARPER, LLP • Attorneys at Law 807 NORTH 39TH AVENUE • YAKIMA, WASHINGTON 98902 (509) 575-0313 • FAX (509) 575-0351 ANTHONY F. MENKE KENNETH W. HARPER ROCKY L JACKSON G. SCOTT BEYER QUINN N. PLANT KIRK A. EHLIS DANA M. EVANS May 24, 2011 C PY Public Employment Relations ConimissiOn Attention: Mr. 'amid L Gedrose, Compliance Officer 112 Henry Street NE, Suite 300 P.O. Box 40919 Olynipia Washington 98504-0919 • RE: 'Ira Ulna Police Patrolman§ Association Y. City of Yakima Decision 1 PECB 1111 Supplerneotal Compliance Notification) Dear Mr. Gedrose: As you will recall, I represent the City of Yakima in regards to the above referenced matter. I write this letter as a supplementation to my previous Compliance Notification dated April 28, 2011. In my previous Compliance Notification I advised you what steps the City of Yakima had taken to comply with Decision 10270-A. Following my original letter, the Commission issued Corrected Decision 1027043 which corrected Decision 10270-A. However, the Corrected Decision did not change or modify the affirmative steps the City Was required to take. I direct your attention to Page 15 of both Decision 10270-A and Corrected Decision 10270-B where the Commission sets forth the Affirthative Action the City is required to take to comply with the Decisions. Below is a description of the actions taken by the City to effectuate the purposes and pOlicies of Chapter 41.80: • Restore the status quo ante, by reinstating the wages, hours and working Conditions which existed for employees in the affected bargaining unit prior to the unilateral change in the duration of the Detective Sergeant in Training position found unlawful in City of Yakima, Decision 10270 (pE03, 2009). • Compliance action taken to date: Effective January 1, 2009 Brenda George was installed in the Detective Sergeant in Training position for a period of one (1) year. In my Public Employment Relations Commission Attention: Mr. David 1. Gedrose, Compliance Officer May 24, 2011 Page 2 Supplemental Compliance Notification previous Compliance Notification I had indicated that Sergeant George held the position m 2010 and that following her tour, the Detective Sergeant in Training position was eliminated. However, I have since learned that Sergeant George actually held the position in 2009 and that Tony Bennett held the position in the year 2010. Following Sergeant Bennett's tour the position was eliminated. Commencing January 1,, 2011 Sergeant George was appointed to the position of Special Assault Sergeant. This is typically a four (4) to six (6) year tour. b. Post all openings in non - Patrol Division positions in accordance with Article 23, Section 10 of the parties' collective bargaining unit (sic). Compliance action taken to date: The City has posted all openings in non- Patrol Division positions in accordance with Article 23, Section 10 of the parties' collective bargaining agreement since Decision 10270 was received, and for had done so for some time prior. c. Meet and confer with the union regarding the union's December 17, 2007 information request. Compliance action taken to date: On April 20, 2011 as counsel for the City I met with James M. Cline, counsel for the complainant, to discuss the union's continued desire for the information requested on December 17, 2007. At that time Mr. Cline indicated that he would confer with his client and provide further guidance to me. Mr. Cline and I also discussed the possibility of conducting a telephonic conference with the investigators that possess the records to determine exactly what records they possess and whether or not the union still desires to review those records: On May 12, 2011 I wrote to 'Mr. Cline and Ms: Weiss and notified them that the City stands ready, willing and able to meet and confer with the union regarding the 'information request. I have not received any response from Mr. Cline or Ms. Weiss in regards to any of the above contacts and they have given me no indication that the union still wishes to meet and confer at this point. d. Post copies of the notice provided by the Compliance Officer of the Public Employment Relations Commission in conspicuous places on the employer's premises where notices to all bargaining unit members are usually posted. These notices shall be duly signed by an authorized representative of the respondent, and shall remain posted for 60 consecutive days from the date of initial posting. The respondent shall take reasonable steps to ensure that such notices are not removed, altered, defaced or covered by other material. Compliance action taken to date: The official Compliance Notice was received from the Compliance Officer via Einail on May 16, 2011. . It was signed by Interim Chief of Police Greg Copeland on May 23, 2011 and .posted that same date: A copy of the signed Notice is enclosed herewith: The Notice was posted on the glass covered bulletin board in the Yakima Police Department utilized by the union and Yakima Police Department for official notices of this kind. The Notice is posted under a section entitled "Y.P.P.A. Public Employment Relations Commission Attention: Mr. David I. Gedrose, Compliance Officer May 24, 2011 Page 3 Supplemental Compliance Notification Information ". It will remain posted for sixty (60) consecutive days following initial posting and the City will take reasonable steps to ensure that the Notice is not removed, altered, defaced, or covered by other material. e. Read the notice provided by the Compliance Officer into the record at a regular public meeting of the city council of the City of Yakima, and permanently append a copy of the notice to the official minutes of the meeting where the notice is read as required by this paragraph. Compliance action taken to date: Reading of the Compliance Notice will take place at the June 7, 2011 Yakima City Council meeting. A copy of the Notice will be permanently appended to, the official minutes of the June 7, 2011 City Council meeting. f. Notify the complainant, in writing, within 20 days following the date of this order, as to what steps have been taken to comply with this order, and at the same time provide the complainant with a signed copy of the notice provided by the Compliance Officer. Compliance action taken to date: By copy of this letter compliance has been effected. g. Notify the Compliance Officer, in writing, within 20 days following the date of this order, as to what steps have been taken to comply with this order, and at the same time provide the Compliance Officer with a signed copy of the notice he provides, Compliance action taken to date: This letter effects compliance on all outstanding compliance issues. Please consider this the City's formal compliance notification in accordance with paragraph 2(g) of Decision 10270 -A and Decision 10270 -B. In accordance with paragraph 2(f) of both Decisions, by copy of this letter I am also notifying Jim Cline and Reba Weiss, attorneys for the Complainant, of the status of compliance. Thank you for your attention to this matter: Sincerely, Kirk A. Ehlis Enclosure CC: Mr James M. Cline, Attorney for YPPA Ms. Reba Weiss, Attorney for. YPPA Mr. Richard Zais; Yakima City Manager ✓Ms. Helen A. Harvey, Senior Assistant City Attorney Captain Greg Copeland, Interim Chief of Police