HomeMy WebLinkAbout08/06/2013 18 Unfair Labor Practice; Public Employment Relations Commission Notice to EmployeesBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: 8/6/2013
ITEM TITLE: Reading of a Public Employment Relations Commission
Notice to Employees that the City committed an Unfair Labor
Practice (ULP).
SUBMITTED BY: Jim Mitchell, Assistant City Attorney
SUMMARY EXPLANATION:
In 2011, Fire Department management changed an administrative policy to limit the number of
consecutive hours firefighters could work in response to safety concerns raised by the Yakima
County Medical Director. The Union grieved the change. While the Collective Bargaining
Agreement allows management to schedule and limit overtime, a PERC Examiner found that
the City's implementation without bargaining constituted an unfair labor practice. The City
appealed: the PERC Commission upheld the Examiner's decision. The City chose not to appeal
to Superior Court. As part of the compliance procedures, notices that the City committed an
unfair labor practice must be posted, and the notice read into the record.
Resolution:
Other (Specify):
Contract:
Start Date:
Item Budgeted:
Funding Source /Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
Ordinance:
Contract Term:
End Date:
Amount:
City Manager
RECOMMENDATION:
ATTACHMENTS:
Name:
0 PERC 20130724151158.pdf
Description:
PERC
STATE OF WASHINGTON
STATE LAW GIVES YOU THE RIGHT TO:
• Form, join, or assist an employee organization (union)
• Bargain collectively with your employer through a union chosen by a majority of employees
• Refrain from any or all of these activities except you may be required to make payments to a
union or charity under a lawful union security provision
THE WASHINGTON PUBLIC EMPLOYMENT RELATIONS COMMISSION
CONDUCTED A LEGAL PROCEEDING AND RULED THAT CITY OF YAKIMA
COMMITTED AN UNFAIR LABOR PRACTICE AND ORDERED US TO POST
THIS NOTICE TO EMPLOYEES:
WE UNLAWFULLY changed Administrative Policy 2.02.07 ( Continuous Duty) without bargaining
with International Association of Fire Fighters, Local 469.
TO REMEDY OUR UNFAIR LABOR PRACTICES:
WE WILL restore the status quo ante by reinstating the wages, hours and working conditions which
existed for the employees in the affected bargaining units prior to the unilateral change in
Administrative Policy 2.02.07 (Continuous Duty).
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.
CITY OF YAKIMA
BY: ZI ' r Cc + DATE: 7�
e Title of Authorized epresentative
This notice must remain posted for 60 consecutive days, and must not be altered or covered
by any other material. The full decision in this case is published at www.perc.wa.gov
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE.
PERC is an independent State agency that enforces public sector collective bargaining laws in the State of
Washington. Our mission is to prevent or minimize disruptions to public services by the uniform, impartial,
efficient and expert resolution of labor- management disputes. PERC conducts secret ballot elections to determine
whether employees want union representation, provides mediation services and conducts unfair labor practice
and arbitration hearings. Questions about this notice or compliance with the Commission's order may be directed
to PERC, 112 Henry Street NE, Suite 300, PO Box 40919, Olympia, Washington 98504 -0919. To find out more
about your rights, you may call our office: (360) 570 -7300 or go to our website www.percwa.gov.