FY 2008

_________

Petition for Review filed Thurston Co. Sup. Ct. 10/8/09

No. 09-2-02409-7

Cox

Settlement: Swanson

Counsel: 

  McCarthy

  Slown/Larsen

At conclusion of the review hearing on 8/27/10, Judge McPhee affirmed MEC's decision. On 9/23/10, WSF filed a Petition for Appeal to the Court of Appeals.

The State filed its brief on 12/23/10. MEBA filed its response brief on 1/20/11. MEC's brief was filed on 2/23/11. The State filed a reply brief on 3/25/11. Hearing is not expected to be scheduled until the fall of 2011.

*****

On 1/22/10, Jeff Duncan reported that members have been paid the retro portion of the award through 8/31/09.

As of 9/24/10, the parties continue discussions to resolve how the issue will be handled going forward.

On 11/1/10, Glen Frye notified MEC that the parties are at impasse regarding Watch Turnover and requested a mediator be appointed. Mediator Rick Oglesby was assigned.

On 11/15/10, MEBA counsel notified MEC that there are at least 2 issues to be bargained--WSF's proposed changes to watch turnover procedures and MEBA's request for progress payments. That information was provided to the Mediator.

By letter on 1/21/11, MEBA re-invoked jurisdiction pursuant to Decision 563-MEC, indicating the State has not paid for turnover duties since MEC's Award issued in 2009. MEC responded by letter on 2/8.

During MEC's 1/28/11 meeting, AAG Slown stated that the parties disagree on when additional watch turnover payments have to be made. (See complaint, MEC Case 9-11, filed 1/28/11.)

Sometime in April, MEBA and WSF reached an agreement in Case 9-11; MEBA withdrew that complaint, as well as its re-invocation of Arbitrator Cox's jurisdiction under Decision 563-MEC.

ACTION:  Engineers received payment for watch turnover duties on 4/25/11, which covers the period 9/1/09-1/31/11. The parties have scheduled interest arbitration with Arbitrator Howell Lankford on the issue of revisions to watch turnover practices.

21-08

Filed 6/20/08

  Amended 

     6/23/08

  Amended

     6/26/08

Swanson

Settlement: Warren

Counsel: 

 Lavitt

 Anderson

Parties reached agreement on issues 1, 2 and 3. 

On 9/25/09, IBU requested that a hearing be scheduled on the issue of assignment of AB work.

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.

On 4/23/10, AAG Slown reported that counsel agree the expedited dispute process is appropriate for resolving the dispute, but have not yet scheduled with Arbitrator Ford.

On 7/23/10, the parties reported they have not yet found time to schedule an arbitration date with Ms. Ford. (IBU is not ready to withdraw Case 21-08 at this time).

On 4/22/11, Jay Ubelhart reported that the parties should be able to get back to scheduling this issue in the near future.

On 6/24/11, Jay Ubelhart, IBU, reported the parties hope to schedule arbitration with Ms. Ford sometime this summer.

FY 2010

IBU v. WSF

Filed 12/7/09

Warren

Settlement: Cox

Counsel: 

 Lavitt 

 Slown

The parties participated in a settlement conference on 3/12/10, but were unable to reach an agreement.

Due to a scheduling conflict, on 5/4/10 Hearing Examiner Warren cancelled the 6/9/10 hearing and 5/26/10 answer deadline.

On 6/16/10, WSF filed its Answer to the Complaint.

The 6/30 hearing was cancelled due to AAG Slown being ill.

On 12/10/10, IBU requested the 12/16 hearing be continued due to the unavailability of witnesses. WSF did not object to the request. Commissioner Warren cancelled the 12/16/10 hearing date.

Chairman Swanson has been substituted as hearing Examiner for Case 7-10 (Commissioner Warren's resignation was effective 12/31/10.)

On 3/2/11, IBU requested the 3/7 hearing be continued because the Union and WSF/OFM officials are scheduled for urgent 2011-13 contract negotiations on that date. WSF did not object. Examiner Swanson granted the request. The 3/7/11 hearing has been cancelled. MEC will reschedule with the parties.

On 3/9/11, IBU informed MEC it is engaged in settlement discussions with WSF.

ACTION:  On 6/10/11, IBU requested that MEC set another hearing date--PERC will schedule.

Jonathan Pearson v. WSF

Filed 2/12/10

Cox

Settlement:  Swanson

Counsel: 

Pearson

Fenrich

Anderson

On 12/14/10, MEC received notice from MM&P Counsel R. Fenrich that her firm no longer represents Mr. Pearson. (MM&P has withdrawn from the case.) Mr. Pearson has indicated he wants to proceed to hearing on his own.

On 1/24/11, WSF filed its Answer to the complaint.

On 2/7/11, Examiner Cox conducted a hearing on the issue of timeliness alone. MEC received the transcript on 3/3/11.

On 5/12/11, Examiner Cox entered Decision Denying WSF's Motion to Dismiss for Lack of Timeliness, Dec. No. 604-MEC.

ACTION:  A hearing on the merits of the case is scheduled for 9/12/11.

MEBA v. WSF

Filed 3/17/10 

Settlement:  Swanson

Counsel: 

 McCarthy

 Anderson

MEBA's complaint included notice to the Commission that it intends to file a motion for temporary relief.

On 4/12/10, the parties requested that the 4/15/10  settlement conference be cancelled. WSF needs more time to provide information MEBA requested. The parties expect to negotiate the key box issue on 4/23 with another matter.

Mediator Swanson cancelled the 4/15/10 settlement conference for Case 14-10.

On 10/22, Jeff Duncan reported MEBA and WSF are still negotiating this issue.

On 11/10/10, MEBA Counsel notified MEC that negotiations have broken down and requested MEC schedule a hearing.

On 1/12/11, WSF filed its Answer to the Complaint.

On 1/24/11, MEBA Counsel requested the 1/26 hearing be postponed. The Governor scheduled a meeting with the unions on that date; Jeff Duncan must attend and he is also chief witness for the Union in this case. WSF Counsel did not oppose the request. Examiner Swanson  has cancelled the 1/26/11 hearing.

ACTION:  The hearing has been continued to 9/21/11.

MEBA v. WSF

Filed 3/26/10 

Warren

Settlement:  Cox

Counsel: 

Leahy

Slown

On 7/14/10, the parties participated in a settlement conference with Mediator Cox, but were unable to resolve the issue. They intend to continue discussing.

During MEC's 7/23/10 public meeting, Karol Kingery, MEBA, requested the 9/2 hearing be converted to a settlement conference. AAG Slown did not object. Hearing Examiner Warren granted the request. The 9/2 hearing and 8/19 date for WSF to answer the complaint have been cancelled.

On 9/2/10, the parties engaged in further settlement discussions with Mediator Cox. The matter is not yet resolved; however, MEBA intends to communicate with IBU regarding a possible agreement for use of a parking space.

ACTION:  Due to other pressing issues, MEBA and IBU have not fully discussed this matter. During the 4/22/11 MEC meeting, they indicated that they expect to find time for it now.

IBU v. WSF (Pascual)

Filed 4/19/10

Brennan

Settlement:  Cox

Counsel: 

Lavitt

Anderson

On 2/23/11, AAG Anderson requested the 3/1 hearing be continued to allow time for WSF to consider IBU's settlement proposal. The IBU had no objection. Arbitrator Swanson granted the request. The hearing was continued to 6/22/11.

On 5/20/11, Leah Maurseth reported that the parties are in the process of exchanging proposals.

On 6/15/11, Commissioner Mark Brennan was substituted as Arbitrator.

ACTION:  On 6/21/11, WSF Counsel notified MEC that the parties have settled the grievance. The 6/22 hearing was cancelled. Case is to be closed.

FY 2011

Filed 12/14/10

Cox

Settlement:  Swanson

Counsel: 
Ubelhart

Anderson

On 1/20/11, AAG Anderson requested the 2/9 settlement conference be continued. He was recently assigned to this case and had a schedule conflict on 2/9. IBU did not object. Mediator Swanson has cancelled the 2/9 settlement conference.

On 2/22/11, the parties participated in a settlement conference with Mediator Swanson. The matter was not resolved. IBU needs to gather more information.

Due to a schedule conflict for Arbitrator Cox, the 3/28/11 hearing was cancelled. IBU has requested MEC hold off rescheduling for the time being.

ACTION:  On 6/24/11, IBU Business Agent Jay Ubelhart withdrew this grievance request. Case is to be closed.

Filed 1/14/11

Swanson

Settlement:  Cox

Counsel:

Conklin/Ubelhart

Anderson

On 5/31/11, both Jerry Holder and Jay Ubelhart informed the Commission that Case 8-11 has been resolved and requested the hearing date be cancelled. Mr. Holder provided MEC with a copy of the parties' signed settlement agreement.

Arbitrator Swanson cancelled the 6/16/11 hearing.

ACTION:  On 6/7/11, MEC entered Order Closing Settled Grievance, Dec. No. 606-MEC.

Filed 6/15/11

Counsel:

Conklin/Ubelhart

Filed 6/15/11

Counsel:

Conklin/Ubelhart

Filed 6/24/11

Counsel:

Knowlton