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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.