Active
Case List
Updated
3/5/10
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Case
No.
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Name
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Nature
of Case
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Examiner/Arbitrator/
Mediator/Counsel
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Settlement
Conference
Location/Date/Time
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Hearing
Location/Date/Time
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Case
Status
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FY 2006 |
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19-06 |
IBU
v. WSF
Filed
1/27/06
Consolidated with Case
17-08 on 12/24/08
_________
Petition for Judicial Review Filed
1/4/10 Thurston Co. Superior Court No. 12-2-00006-0 |
ULP--Interference,
Domination, Discouraging Union Membership, Refusal to Bargain--1)
Selective Implementation of 01-03 CBA-LWOP; 2) Failure to Abide by MEC
Case 2-06 Settlement
|
Swanson
Settlement:
Ford
Counsel:
Lavitt
Slown
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|
On 9/14/09, Examiner Swanson conducted the hearing (Count 2 of Case
17-08). Transcript received 10/6/09.
Briefs were
timely filed--both received 11/13/09.
ACTION: On 12/8/09,
MEC entered Decision and Order, Dec. No. 572-MEC.
On 1/4/10, WSF filed a
Petition for Judicial Review of MEC Decision No. 572. The case has been
assigned to Judge Paula Casey and a status conference scheduled for
4/9/10.
On 2/22/10, WSF filed an
Affidavit of Prejudice asking that the case be reassigned. The case has
now been assigned to Judge Hicks. |
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FY 2008 |
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10-08 |
IBU
v. WSF Filed
12/21/07 |
ULP--Interference,
Refusal to Bargain/Unilateral Implementation of Payroll System--Pay
Discrepancies |
Settlement:
Counsel:
Conklin/Ubelhart
Anderson |
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|
On
2/27/09, Dennis Conklin reported that IBU met with WSF last week. WSF
intends to get back to IBU to address some concerns.
On
3/27/09, AAG Slown reported the parties are still working with Payroll
in Olympia to resolve the issue.
On
4/24/09, Dennis Conklin reported there are some discrepancies on payment
of sick leave and overtime. Paul Ganalon stated that several people from
Payroll in Olympia are working on the issue with the parties.
On
5/29/09, Paul Ganalon reported that WSF is still working with Payroll in
Olympia to resolve the problems and will give IBU an update.
On
6/26/09, Jay Ubelhart, IBU, reported there are still problems to
be worked out.
On
9/25/09, Paul Ganalon reported WSF is still working to resolve some
problems.
On
10/23/09, Jay Ubelhart reported the parties have not met recently on
this issue. He said IBU would discuss the case and decide what to do to
move it along.
ACTION: On
2/26/10, IBU reported that the parties have not gotten back to
this issue yet. |
|
16-08 |
MEBA v. WSF Filed 3/14/08
_________
Petition for Review filed Thurston Co. Sup. Ct.
10/8/09
No. 09-2-02409-7 |
GRV--Watch
Changeover Pay |
Cox
Settlement: Swanson
Counsel:
McCarthy
Slown/Larsen |
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On 7/24/09, MEC entered Decision and Award, Dec. No. 563-MEC.
On 8/12/09, WSF
filed a Petition for Reconsideration of Attorney's Fees. MEC received
MEBA's Response to the Petition on 8/20/09.
On
9/8/09, MEC entered Order Denying WSF's Petition for Reconsideration of
Attorney's Fees, Dec. No. 563-A-MEC.
On
10/8/09, WSF filed a petition with Thurston County Superior Court for
review of MEC's decision awarding attorney's fees.
At the
parties' request on 10/16/09, the Arbitrator extended his jurisdiction
over the award in Decision 563-MEC, an additional 60 days beyond the
original 90 days.
On
12/4/09, AAG Slown reported that the parties reached agreement on the
retro portion of the award through 8/31/09; checks will issue with the
12/10 payroll. The parties intend to submit the signed agreement to the
Arbitrator for approval.
ACTION: On 1/18/10, a status
conference was held on the petition for review. Thurston County Superior
Court has scheduled the hearing for 8/27/10.
On 1/22/10, Jeff
Duncan reported that members have been paid the retro portion of the
award through 8/31/09. The parties continue discussions to resolve how
the issue will be handled going forward. |
|
17-08 |
IBU
v. WSF
Filed
4/4/08
Consolidated with Case 19-06 on 12/24/08
_________
Petition for Judicial Review Filed
1/4/10 Thurston Co. Superior Court No. 12-2-00006-0
|
ULP--Interference,
Refusal to Bargain/Failure to Honor Int. Arbit. Award and MEC Settlement
re: Retro Vacation |
Swanson
Settlement:
Warren
Counsel:
Lavitt
Slown |
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|
On
9/14/09, Examiner Swanson conducted the hearing
(Count 2 of Case 17-08). Transcript was received 10/6/09.
Briefs
were timely filed--both received 11/13/09.
ACTION: On 12/8/09,
MEC entered Decision
and Order, Dec. No. 572-MEC.
On 1/4/10, WSF filed a
Petition for Judicial Review of MEC Decision No. 572. The case has been
assigned to Judge Paula Casey and a status conference scheduled for
4/9/10.
On 2/22/10, WSF filed an
Affidavit of Prejudice asking that the case be reassigned. The case has
now been assigned to Judge Hicks. |
|
21-08 |
IBU
v. WSF Filed
6/20/08
Amended
6/23/08
Amended
6/26/08 |
ULP--Interference, Refusal to Bargain/Unilateral Change--Working
Conditions of Unlicensed Deck Dept. Employees (Filing Open Assignments
Summer 2008) |
Swanson
Settlement: Warren
Counsel:
Lavitt
Anderson
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Parties reached agreement on issues 1
and 2; IBU provided MEC with a
copy on 10/24/08. During the MEC settlement conference
on 11/7/08, the parties reached agreement on a third issue.
On 1/7/09, WSF filed its Answer to the
Amended Complaint. On
1/21/09, the parties gathered for the hearing, but it did not proceed.
They agreed to hold another settlement conference on 2/6/09 without
mediator.
The hearing was continued to 3/3/09, but
later cancelled due to IBU Counsel's unavailability.
On
2/27/09, AAG Slown reported that the parties have reached a tentative
agreement resolving the remainder of this case. On 4/24/09, the parties
reported counsel are reviewing settlement language.
On
7/24/09, AAG Slown reported that management believes this matter has
been completely settled; however, Jay Ubelhart of IBU stated he believes
there is still one outstanding issue. The parties will follow up on
this.
On
9/25/09, IBU requested that a hearing be scheduled on the issue of
assignment of AB work.
On
12/4/09, Chairman Swanson reminded the parties that their "Dispatch
Rules" settlement provides for resolution of related disputes such as
this one through private arbitration with Liz Ford. AAG Slown will
discuss this with IBU Counsel.
ACTION: On
2/26/10, IBU and WSF reported they are communicating with Liz Ford to
scheduling the remaining issue for arbitration. |
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FY 2009 |
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15-09 |
IBU
v. WSF
Filed
5/29/09
|
ULP--Interference, Discouraging Union Membership--Violation of
Dec. 518-A-MEC (Failure to Hire R. Jackson as On-call Traffic Attend.) |
Warren
Settlement:
Swanson
Counsel:
Lavitt
Slown
|
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ACTION:
On 2/16/10, Examiner Warren conducted the hearing. MEC received the transcript
on 3/5/10. Briefs are to be simultaneously mailed on 4/9/10. |
|
18-09 |
IBU
v. WSF (Judy Partyke)
Filed
6/15/09 |
GRV--Filling Temp. Vacancy in Year Around Position |
Cox
Settlement: Swanson
Counsel:
Lavitt
Anderson |
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|
On
7/30/09, the parties participated in a settlement conference
with Chairman Swanson, but were unable to resolve the issue.
On
8/31/09, IBU Counsel requested the 9/9 hearing be continued;
grievant is not available on that date. WSF Counsel did not object.
Hearing Examiner Cox has cancelled the 9/9 hearing date,
rescheduling for 1/22/10.
Due to an unexpected conflict, the
Arbitrator had to cancel the 1/22/10 hearing date. Hearing was
rescheduled for 3/8/10.
ACTION: On
2/19/10, IBU requested the 3/8
hearing be continued because the Union's primary witness was not
available. WSF did not object. Arbitrator Cox granted the request.
The 3/8/10 hearing date has been cancelled. MEC will reschedule. |
|
19-09 |
IBU
v. WSF
Filed
6/26/09
|
ULP--Discouraging Union Membership--Bainbridge Island Terminal
Parking |
Cox
Settlement:
Warren
Counsel:
Lavitt
Slown
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ACTION: On 1/5/10,
Examiner Cox conducted the hearing. MEC received the transcript on 1/26/10.
Briefs were timely filed--both were received 3/5/10. |
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FY 2010 |
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2-10 |
IBU
v. WSF
Filed
10/2/09
|
ULP--Domination, Discouraging Union Membership, Refusal to
Bargain--Comp Time Accumulation (Holidays & OT) |
Cox
Settlement:
Swanson
Counsel:
Conklin/Ubelhart
Slown
|
|
Hearing: Seattle/Rainier
Conf Rm, 4th Floor, 2901 3rd Ave, 6/24/10, 9:30am |
On
1/19/10, the IBU and WSF participated in a settlement conference, but
were unable to resolve the issue.
MEC found it necessary to cancel the
2/16/10 hearing date for Case 2-10 and use it to reschedule the hearing
in Case 15-09 The 2/2 answer filing date was also cancelled.
ACTION:
Commissioner Cox has been reassigned as Hearing Examiner and the hearing
continued to 6/24/10. WSF's Answer to the Complaint is to be filed on or
before 6/10/10. |
|
3-10 |
IBU
v. WSF
Filed
10/6/09
|
ULP--Interference, Discouraging Union Membership, Refusal to
Bargain--Implementation of New Payroll Overpayment Procedure |
Cox
Settlement: Swanson
Counsel:
Conklin/Ubelhart
Anderson |
|
Hearing: Seattle/5th
Floor Large Conf Rm, 2901 3rd Ave, 4/21/10, 9:30am |
On 12/4/09, IBU requested the 1/27 settlement conference be rescheduled;
IBU had an unavoidable conflict. AAG Anderson did not object to the
request. MEC cancelled the 1/27 settlement.
On 12/4/09, IBU also
proposed converting the 3/3/10 hearing date to a settlement conference.
Examiner Cox granted the request. The 3/3/10 hearing date has been
cancelled, well as the 2/17/10 answer date.
Due to Commissioner
Warren's unavailability, Chairman John Swanson was reassigned as
Mediator for the 3/3 settlement conference.
By phone on 3/2/10, the parties
notified the MEC that they have agreed to convert this matter to a
grievance. They chose to meet on 3/3 for settlement discussions, without
a mediator.
ACTION: The
hearing remains scheduled for 4/21/10. WSF's Answer to the Complaint is to be filed
on or before 4/7/10. |
|
4-10 |
MEBA
v. WSF
Filed
10/30/09
|
ULP--Interference, Discouraging Union Membership, Refusal to
Bargain--SCE Schedule change While In Shipyard (Davis) |
Warren
Settlement:
Swanson
Counsel:
McCarthy
Slown |
|
Hearing: Seattle/5th
Floor Large Conf Rm, 2901 3rd Ave, 4/15/10, 9:30am |
On 1/14/10, the parties participated in a settlement conference with
Chairman Swanson. MEBA requested further information from WSF; a second
settlement conference may be needed.
ACTION: The hearing remains scheduled for
4/15/10. WSF's Answer to the Complaint is to be filed on or before
4/1/10. |
|
5-10 |
IBU
v. WSF
Filed/amended
on 11/5/09 |
ULP--Interference, Discouraging Union Membership, Refusal to
Bargain--Failure to Provide Information Related to Fact-finding Meeting |
Warren
Settlement: Swanson
Counsel:
Conklin/Ubelhart
Slown |
|
Hearing: Seattle/5th
Floor Large Conf Rm, 2901 3rd Ave, 4/28/10, 9:30am |
On 1/19/10, the IBU and WSF participated in a settlement conference. The
matter may be resolved, if, after a time, IBU sees it is receiving
requested information prior to fact-finding meetings.
On 1/22/10,
Jerry Holder reported that the parties are continuing their discussion
of this issue.
ACTION: The hearing
remains scheduled for
4/28/10. WSF's Answer to the Complaint is to be filed on or before
4/14/10. |
|
6-10 |
IBU
and MM&P
v. WSF
Filed 11/24/09 |
ULP--Interference, Refusal to
Bargain/Unilateral Change--Shortened Bid Period, Winter 2010 Schedule |
Swanson
Settlement:
Cox
Counsel:
Lavitt
Slown |
Settlement conference:
Seattle/5th Floor Large Conf Rm, 2901 3rd Ave, 3/22/10, 9:30am |
Hearing: Seattle/5th
Floor Large Conf Rm, 2901 3rd Ave, 5/26/10, 9:30am |
ACTION:
Settlement conference is scheduled for 3/22/10, the hearing for 5/26/10.
WSF's Answer to the Complaint is to be filed on or before 5/12/10. |
|
7-10 |
IBU
v. WSF
Filed 12/7/09 |
ULP--Interference, Refusal to
Bargain/Unilateral Change--Failure to Abide by Rule 3.04/Single Day
Vacation Hours |
Warren
Settlement: Cox
Counsel:
Lavitt
Slown |
Settlement conference:
Seattle/5th Floor Large Conf Rm, 2901 3rd Ave, 3/12/10,
10:30am |
Hearing: Seattle/5th
Floor Large Conf Rm, 2901 3rd Ave, 6/9/10, 9:30am |
ACTION:
Settlement conference is scheduled for 3/12/10, the hearing for 6/9/10.
WSF's Answer to the Complaint is to be filed on or before 5/26/10. |
|
8-10 |
MM&P
v. WSF
Filed 12/21/09 |
ULP--Refusal to
Bargain--Dispatch by Seniority |
Cox
Settlement:
Swanson
Counsel:
Fenrich
Slown |
Settlement conference:
Seattle/5th Floor Large Conf Rm, 2901 3rd Ave, 4/26/10,
10:30am |
Hearing: Seattle/5th
Floor Large Conf Rm, 2901 3rd Ave, 6/17/10, 9:30am |
ACTION:
Settlement conference is scheduled for 4/26/10, the hearing for 6/17/10.
WSF's Answer to the Complaint is to be filed on or before 6/3/10. |
|
9-10 |
IBU
v. WSF (Keith Hunt)
Filed 1/27/10 |
GRV--Travel Time & Mileage |
Cox
Settlement:
Swanson
Counsel:
Conklin/Ubelhart
Slown |
Settlement conference:
Seattle/5th Floor Large Conf Rm, 2901 3rd Ave, 3/12/10,
10:30am |
Hearing: Seattle/5th
Floor Large Conf Rm, 2901 3rd Ave, 7/16/10, 9:30am |
ACTION:
Settlement conference is scheduled for 3/12/10, the hearing for 7/16/10. |
|
10-10 |
IBU
and MM&P
v. WSF
Filed
2/4/10 |
ULP--Refusal to
Bargain--Crew Schedules |
Settlement:
Counsel:
Lavitt
Slown
|
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|
ACTION:
Following review, the Commission determined that the facts alleged may
constitute an unfair labor practice, if later found to be true and
provable. Settlement conference and hearing are to be scheduled. |
|
11-10 |
Jonathan Pearson v. WSF
Filed
2/12/10 |
ULP--Interference, Domination, Discouraging Union Membership,
Discrimination Refusal to
Bargain/Termination |
Settlement:
Counsel:
Pearson |
|
|
ACTION:
The Commission will hold this matter in abeyance until Case 12-10 is
resolved.
|
|
12-10 |
Jonathan Pearson v. MM&P
Filed
2/12/10 |
ULP--Restraint, Coercion; Causing ER Discrimination; Refusal to
Bargain/Failure to Represent (Termination) |
Settlement:
Counsel:
Pearson |
|
|
ACTION:
Following review, the Commission determined that the facts alleged may
constitute an unfair labor practice, if later found to be true and
provable. Settlement conference and hearing are to be scheduled. |
