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Active Case List

Updated 8/22/08

Case No.

Name

Nature of Case

Examiner/Arbitrator/

Mediator/Counsel

Settlement Conference Location/Date/Time

Hearing Location/Date/Time 

Case Status

       

FY 2005

   
17-05    IBU v. WSF

Filed 10/4/04

ULP—Interference, Refusal to Bargain/Unilateral Change-Relieving Terminal (Split Port) 

Settlement:  

 Counsel:

   Lavitt  

  Slown

IBU believes Case 17-05 will be concluded once payment is fulfilled pursuant to the Decision in Case 39-05 (Anacortes tie-up slip change case.)

On 4/25/08, AAG Slown reported that WSF signed authorization for payment of the award from Case 39-05 several weeks ago.

ACTION:  By letter on 8/5/08, IBU withdrew this matter; the award in companion case 39-05 has been paid. Case is to be closed.

       

FY 2006

   
15-06 IBU v. WSF

Filed 12/22/05

GRV--Assignment of Non-Bargaining Unit Work

Ford

Settlement:  Sullivan

Counsel: 

  Pelland/Lavitt

  Slown

 

On 7/17/08, IBU and WSF notified MEC that this matter is resolved an requested the settlement conference be cancelled. The same day, MEC received IBU's letter withdrawing the grievance; 7/18 settlement was cancelled.

ACTION:  On 7/25/08, MEC entered Order Closing Withdrawn Grievance, Dec. No. 545-MEC.

19-06 IBU v. WSF

Filed 1/27/06

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

 

During a third settlement conference on 10/30/06, IBU and WSF settled this matter. 

On 2/23/07, John Dryer noted that WSF is having some difficulty processing the retro vacation award for retirees; the new HRMS (state payroll system) has created problems. WSF is working to comply with the agreement.

On 3/23/07, IBU reported that retirees have received their checks. There are questions about some of the amounts.

On 4/27/07, John Dryer asked Dennis Conklin to provide a list of employees with reported errors in their checks.

On 7/27/07, John Dryer reported that WSF's payroll department will be sending a notice out to each employee explaining how their pay was calculated. During the 8/29 MEC meeting, AAG Slown confirmed this has occurred.

On 9/28/07, Dennis Conklin reported the parties plan to meet on 10/2/07 to discuss the play calculations, after which they will analyze reported paycheck errors.

On 10/26/07, John Dryer reported that the parties met again on 10/22 to try to resolve questions/issues around the retro pay. The issue is very complex--going back to 2001.

On 12/14/07, the parties reported they are still discussing this matter; some issues are resolved. 

On 1/25/08, John Dryer and Dennis Conklin reported they met on 1/23 and will be meeting again shortly. Mr. Dryer explained there are still several critical issues to answer. Once an agreement has been finalized, WSF will issue retro vacation payments and allow a short window of time for disputes.

On 2/29/08, Paul Ganalon, WSF Labor Relations, reported the parties met about 10 days ago and are scheduled to meet again 3/7 to continue discussion.

On 3/28/08, Margaret Pelland reported that the 3/7 meeting was cancelled.

Following the 3/28 MEC meeting, Paul Ganalon reported that the parties are working collaboratively to resolve the issue. They agreed on a base list of IBU members with accrued leave on 2/22; met again on 3/10; and are still discussing how leave accrual has been and will be calculated.

On 4/25/08, Paul Ganalon reported that the parties intend to stay after the MEC meeting adjourns to share some figures and discuss the issue further.

On 5/30/08, Paul Ganalon reported that he meets with IBU the first week in June. WSF is scheduled to issue vacation payments with the 6/10 payroll.

On 6/20/08, Paul Ganalon reported he met with IBU on 6/13. Checks were sent out on 6/10; the parties are discussing some unresolved issues with Payroll people in Olympia. They meet again on 7/3.

ACTION:  On 7/25/08, the parties reported they are still discussing this matter.

       

FY 2007

   
23-07

IBU v. WSF (Johnston et al.)

Filed 4/20/07

GRV--Eligibility for Insurance Benefits

Sullivan

Settlement: Swanson

Counsel: 

  Lavitt

  Slown

   
On 7/23/07 the parties participated in a settlement conference; they are still discussing the issue.

On 7/27/07, AAG Slown reported that WSF has supplied data to IBU counsel for review.

On 8/17/07, the parties jointly requested the 8/22 hearing date be converted to a settlement conference. Arbitrator Sullivan granted the request.

On 8/22/07, the parties continued settlement discussions without the assistance of the mediator. Progress was made. IBU is considering WSF's offer. 

On 10/26/07, AAG Slown reported that WSF sent an offer to IBU counsel; no response has been received yet.

As of 1/25/08, AAG Slown has spoken to IBU Counsel, who is looking into a class-action filed on this issue. 

ACTION:  On 6/17/08, the parties participated in another settlement conference with Chairman Swanson. Information was exchanged. The matter was not resolved, but is still under discussion.

25-07

Michael Zuvela v. WSF  

Filed 6/12/07

GRV--Denied Retroactive Payment and Benefits

 

Counsel: 

  Stephen Connor, Atty.

  Slown

   
On 7/13/07, MEC issued an Order to Show cause. On 7/27/07, grievant's counsel filed a response to the Order to Show Cause. On 7/31/07, WSF filed a reply.

On 8/30/07, the Commission requested additional information from the parties.

On 9/10/07, MEC received a copy of the requested agreement from Stephen Connor, counsel for grievant. On 9/13/07, MEC received a copy of the requested signed agreement from AAG Slown.

On 11/30/07, MEC entered Decision and Order Dismissing Request for Arbitration, Dec. No. 534-MEC.

On 1/3/08, Atty. Stephen Connor filed a Request for Review of Decision Denying Arbitration.

On 1/25/08, MEC entered Order on Request for Review, Dec. No. 534-A-MEC. Mr. Zuvela has 14 days from the date of the order to amend his filing.

On 2/4/08, in response to MEC's Order on Request for Review, grievant's counsel filed Motion to Convert Complaint to Unfair Labor Practice Charge.

On 3/13/08, the parties participated in a settlement conference with Chairman Swanson; no agreement was reached. MEC has contacted Attorney Connor about scheduling a hearing; he is communicating with his client.

On 7/15/08, the Commission issued an Order to Show Cause. MEC has had no response to requests for dates of availability to schedule a hearing since March. Complainant's response to the Order, if any, must be filed on or before 7/28/08.

ACTION:  On 7/29/08, MEC entered Order of Dismissal, Dec. No. 546-MEC.

       

FY 2008

   
4-08 IBU v. WSF (Goddard)

Filed 9/25/07

GRV--Release of Personal Information Related to New Hire Screening by HealthForce Eligibility for Insurance

Ford

Settlement: Sullivan

Counsel: 

  Conklin/Pelland

  Slown

    

On 2/29/08, AAG Slown reported it appears likely the parties will settle this issue. On 3/28/08, Margaret Pelland agreed, noting that they still need to meet.

On 4/25/08, Paul Ganalon and David Slown stated they will make sure that IBU has a copy of WSF's letter to Health Force. The matter may be resolved.

On 5/30/08, Paul Ganalon reported the parties are getting closer to resolution.

On 6/20/08, Paul Ganalon reported that WSF has provided IBU with a copy of WSF's letter to Health Force. Dennis Conklin stated that IBU will withdraw its grievance request

By letter on 8/5/08, IBU withdrew this matter; the parties have resolved the issue.

ACTION:  On 8/20/08, MEC entered Order Closing Settled Grievance, Dec. No. 547-MEC.  

7-08

IBU v. WSF

Filed 11/2/07

ULP--Interference, Refusal to Bargain/Unilateral Change to Southworth Night Schedule

Swanson

Settlement: Cox

Counsel: 

 Conklin/Pelland

 Slown

Settlement conference: Seattle/5th Floor Large Conf Rm, 2901 3rd Ave, 10/16/08, 9:30am     

On 2/7/08, the parties jointly requested the 2/11 settlement conference be postponed. Contract negotiations were also scheduled on that date. Mediator Sullivan granted the request; the settlement conference has been cancelled. MEC will contact the parties to reschedule.

On 2/12/08, MEC learned that scheduled contract negotiations conflict with the 3/10 MEC hearing date. Examiner Swanson has cancelled the hearing, as well as the date for WSF to file an answer to the complaint.

On 3/26/08, the parties participated in a settlement conference with Commissioner Sullivan. WSF agreed to provide IBU with some schedule detail necessary to resolving the issue (probably take 7-10 days). Following that, MEC will arrange a second settlement conference to continue efforts to resolve the matter.

On 3/28/08, IBU reported that WSF has provided some of the information. As of 4/16, the parties were ready to have another settlement conference scheduled.

On 4/25/08, AAG Slown reported that WSF had provided all information IBU requested. If IBU needs additional information, Dennis Conklin will contact Mr. Slown.

On 6/6/08, IBU requested the 6/9/08 settlement conference be continued. Commissioner Sullivan granted the request.

ACTION:  The settlement conference has been continued to 10/16/08.

On 8/19/08, newly appointed Commissioner John Cox was substituted as Mediator for the settlement conference.

9-08

IBU v. WSF

 Filed 12/19/07

ULP--Interference, Refusal to Bargain/Unilateral Change--Discipline of EEs for Smoking 

Swanson

Settlement: Sullivan

Counsel: 

 Pelland/Conklin

 Slown

  Hearing: Seattle/5th Floor Large Conference Room,  2901 3rd Ave, 10/21/08, 9:30am  

By letter on 2/7/08, Dennis Conklin requested the case be held in abeyance for 60 days following the parties' Joint Labor Relations Committee (JLRC) meeting, scheduled on 3/4/09. No action will be taken by the MEC on this matter until at least 5/5/08.

On 2/29/08, Paul Ganalon, WSF, reported the parties are still scheduled to meet and discuss this complaint on 3/4.

On 3/18/08, Margaret Pelland advised MEC that IBU is ready to have settlement conference and hearing scheduled.

On 5/8/08, the parties participated in a settlement conference, but were unable to resolve the matter.

On 5/21/08, WSF filed a Motion to Make Complaint More Definite and Certain, requesting the Hearing Examiner order IBU to file an Amended Complaint to include specific information required by WAC 316-45-030(3).

On 6/3/08, Examiner Swanson issued Order Granting WSF's Motion.  The 6/26 hearing date and 6/12 answer date were cancelled.

On 6/13/08, MEC received IBU's Amended Complaint.

ACTION:  The hearing has been continued to 10/21/08. WSF's Answer to the Complaint is to be filed on or before 10/7/08.

10-08

IBU v. WSF

 Filed 12/21/07

ULP--Interference, Refusal to Bargain/Unilateral Implementation of Payroll System--Pay Discrepancies 

Settlement: 

Counsel: 

 Conklin/Pelland

 Slown

   

By letter on 2/7/08, Dennis Conklin requested the case be held in abeyance for 60 days following the parties' Joint Labor Relations Committee (JLRC) meeting, scheduled on 3/4/09. No action will be taken by the MEC on this matter until at least 5/5/08.

On 3/28/08, Margaret Pelland reported the parties met once and are still discussing the issue.

On 4/25/08, Paul Ganalon reported that WSF will share information with IBU at their next Labor Relations Committee meeting on 5/12.

On 5/30/08, Paul Ganalon reported that he is scheduling a meeting with IBU to also include Joe Escobar from Payroll in Olympia. IBU has questions that can only be answered by a payroll expert.

On 6/20/08, Paul Ganalon reported he is scheduling a meeting between the parties, Payroll and Accounting in Olympia.

ACTION:  On 7/25/08, the parties reported this matter is not yet resolved; they are trying to find a date to meet.

12-08

IBU v. WSF

 Filed 1/8/08

ULP--Interference, Refusal to Bargain/Violation of Ramsey Settlement-Case 18-07

Settlement: 

Counsel: 

 Pelland

 Slown

   

Settlement conference and hearing are to be scheduled.

By letter on 2/7/08, Dennis Conklin requested the case be held in abeyance for 60 days following the parties' Joint Labor Relations Committee (JLRC) meeting, scheduled on 3/4/09. No action will be taken by the MEC on this matter until at least 5/5/08.

On 3/28/08, Margaret Pelland reported the parties met on 3/4/08; they have a stop-gap interim agreement and are still discussing the matter.

On 4/25/08, AAG Slown reported the parties are still talking and hope to finalize a settlement when Margaret Pelland returns from vacation.

On 5/30/08, Paul Ganalon reported the parties have worked out settlement details. WSF has yet to issue a check for back-pay.

On 6/20/08, Paul Ganalon reported he is verifying the dates for which Ms. Ramsey is due back-pay.

On 7/25/08, Paul Ganalon reported a check has been issued.

ACTION:  On 8/7/08, IBU withdrew the complaint. Case is to be closed.

13-08

IBU v. WSF

 Filed 1/16/08

ULP--Interference, Discouraging Union Membership, Refusal to Bargain/Unilateral Change--Excluding IBU Members from Reserved Parking at Bainbridge

Settlement: 

Counsel: 

 Pelland

 Slown

 

   

Settlement conference and hearing are to be scheduled.

By letter on 2/7/08, Dennis Conklin requested the case be held in abeyance for 60 days following the parties' Joint Labor Relations Committee (JLRC) meeting, scheduled on 3/4/09. No action will be taken by the MEC on this matter until at least 5/5/08.

On 3/28/08, Margaret Pelland reported that the parties met on 3/4/08. WSF is doing some research necessary to further discussion.

On 4/25/08, Paul Ganalon reported WSF is gathering information. The parties meet again to discuss the issue on 5/12/08.

On 5/30/08, Paul Ganalon reported that this issue involves other unions as well; the parties are attempting to resolve the matter.

On 6/20/08, Paul Ganalon reported he is trying to schedule a meeting with all involved unions to work out a solution.

ACTION:  On 7/25/08, Dennis Conklin reported that this matter has not been resolved. IBU is ready to have MEC schedule a settlement conference and hearing.

On 7/28/08, MEC received a letter from Paul Ganalon regarding status of the issue following a 7/18 meeting scheduled with WSF, IBU, MM&P and MEBA.

15-08

IBU v. WSF

 Filed 2/14/08

ULP--Interference, Refusal to Bargain/Failure to Bargain Effects of EFS System

Warren

Settlement: Sullivan

Counsel: 

 Pelland

 Slown

  Hearing: Seattle/Finance & Admin. Conf. Rm, 3rd Floor, 2901 3rd Ave, 10/3/08, 9:30am  

During the 4/18/08 settlement conference, the parties agreed to bargain this issue on 4/23 (their next scheduled contract negotiation date).

On 4/25/08, AAG Slown reported the parties met as planned on 4/23.

On 5/23/08, WSF filed its Answer to the Complaint.

The 6/20/08 hearing date was cancelled when MEC needed the date for rescheduling its June public meeting.

ACTION:  The hearing has been continued to 10/3/08.

16-08 MEBA v. WSF Filed 3/14/08 GRV--Watch Changeover Pay

Warren

Settlement: Swanson

Counsel: 

  Duncan

  Slown

  Hearing: Seattle/IT Conf. Rm, 1st Floor, 2901 3rd Ave, 12/17/08, 9:30am    As of 4/25/08, the parties are still discussing the issue.

On 6/23/08, the parties participated in a settlement conference with Chairman Swanson. The matter is still under discussion.

On 7/25/08, AAG Slown reported that he and MEBA Counsel are communicating over this issue.

ACTION:  On 7/30/08, MEBA Counsel Mike McCarthy notified MEC that the parties were not able to finalize a settlement and requested a hearing be scheduled.

A hearing is scheduled for 12/17/08.

17-08

IBU v. WSF

 Filed 4/4/08

ULP--Interference, Refusal to Bargain/Failure to Honor Int. Arbit. Award and MEC Settlement re: Retro Vacation

Settlement:  Warren

Counsel: 

 Pelland

 Slown

     

A settlement conference was scheduled for 7/15/08; however, on 6/25 MEC cancelled it in order to expedite another IBU matter (Case 21-08).

By phone on 7/22/08, IBU reported the parties are working on this.

ACTION:  On 7/25/08, AAG Slown reported he is reviewing a proposal from IBU Counsel Rob Lavitt. The parties are close to resolution on 3 of 4 issues. A settlement conference and hearing may need to be scheduled on one issue.

18-08

IBU v. WSF

 Filed 4/18/08

ULP--Interference, Refusal to Bargain/Unilateral Change--Continued Benefit Coverage for EEs on Medical Leave

Warren

Settlement: Sullivan

Counsel: 

 Pelland

 Slown

 

    Hearing: Seattle/Finance & Admin. Conf. Rm, 3rd Floor, 2901 3rd Ave, 10/14/08, 9:30am