ULP SETTLEMENT
We settled our Unfair Labor Practice complaint against the Governor (this was
filed based upon the State's bad faith bargaining regarding wages and other
forms of compensation as well as the failure of the Governor to include the
raises in her 2009-2011 budget.) Our goal in the ULP was to impress upon the
State the need to bargain in good faith and to retain a solid record of the
State's recognition that many of your classifications are in need of increases
which exceed the cost of living increases which have been agreed upon for all
employees. We knew going in that we were not going to achieve a maintenance of
the agreed upon increases, especially since the impact of reaching such an
agreement would most likely have been numerous additional layoffs. To that end,
the State agreed to maintain our agreed upon compensation language in an
Appendix for future reference, and agreed to maintain the two additional
personal leave days in the next biennium. We believe that this resolution will
position us appropriately for future bargaining with the State. See a copy
of the MOU here (MOU).
History of the ULP:
UNFAIR LABOR PRACTICE COMPLAINT
As many of you are aware, we filed an Unfair Labor Practice complaint against
Governor Christine Gregoire for bad faith bargaining and interference in
collective bargaining activities for her actions in not including the
agreed-upon wage increases in her budget submittal for the 2009-2011 biennium.
The ULP is based upon the fact that it was bad faith for the State to offer the
increases at the same time it was testifying against the Ferry System worker’s
contract claiming poverty and an inability to pay. If the State truly did not
believe, in August when these hearings were going on, that it did not have the
money to pay for the raises, good faith bargaining would dictate that they not
make an offer they knew was likely they could not afford.
The second aspect of the Unfair Labor Practice complaint is based upon the fact
that once the offer was made and ratified by the Association that the Governor
could not repudiate the agreement. This is based upon the fact that she, through
the Labor Relations Office, should have done due diligence in determining the
wage increases and also should have communicated the inability to pay along with
a contract re-opener to negotiate an affordable agreement. For the Governor to
have acted in the manner she acted, without advance communication to the unions
and after the October 1 statutory deadline for the conclusion of bargaining, she
acted in good faith and her actions constituted an interference in your rights
to collectively bargain on behalf of your members.
Our ultimate hope is that the Unfair Labor Practice complaint will prompt the
State to return to the table and offer some working condition concessions it was
unwilling to concede to during negotiations; get a guarantee that when the
economy rights itself the increases will be implemented (or if they implement
the wage increases for any other group), and for the State to accept
responsibility for the bad faith bargaining it has engaged in and take steps to
improve its actions in this arena. We understand the balance between contract
enforcement and the budget constraint realities.
We are hopeful that the ULP will be informally resolved to the benefit of our
members and that labor relations will actually be improved by our actions. Stay
tuned for updates.
Please see the bottom of this page for the ULP
Statement of Facts.
Update - WAFWP Meets with the Labor Relations Office
We met with the Labor Relations Office Friday, 13 March, 2009.
Stay tuned for any outcome from this meeting.
Update - Washington PERC Finds Merit to WAFWP ULP Complaint
On 14 January, 2009, The Public Employees Relations Commission found that the
WAFWP ULP has merit. The State of Washington, charged with the ULP, has 21
days to file and serve its answer to our complaint. See the documents here
[ULP-2009-1.PDF].
Update - WAFWP to meet with OFM
regarding Unfair Labor Practice (ULP)
The WAFWP President and
Attorney, Russell Rogers and Rhonda Fenrich will be meeting with OFM
on 3 February, regarding the recent filing of an Unfair Labor
Practice complaint.
Unfair Labor Practice - Statement of Facts
- Filed by the WAFWP
- The Washington Association of Fish and Wildlife Professionals
(hereinafter “Association”) is the duly certified representative of
bargaining unites 9975; 9041; 9797; and 9761 which are comprised of
employees of the Washington Department of Fish and Wildlife.
- The State of Washington, Department of Fish and Wildlife are public
employers (hereinafter “Employer”).
- Governor Christine Gregoire is the Chief Executive Officer of the
“Employer” and empowered by
RCW 41.80.010 to enter into collective bargaining agreements with
exclusive bargaining representatives of state employees to establish wages
and working conditions.
- The Association and the Employer are parties to a Collective Bargaining
Agreement which is effective from July 1, 2007 – June 30, 2009. Exhibit 1.
This Agreement was extended to the Association after its removal from the
coalition of bargaining units representing less than 500 members through a
Memorandum of Understanding dated June 4, 2008. Exhibit 2.
- The Association and the Employer commenced negotiations for a successor
Collective Bargaining Agreement by the submission of the Association's
initial proposal to the Employer on May 2, 2008. The Employer submitted its
initial proposal to the Association on May 26, 2008.
- The Employer’s initial proposal contained a “place holder” for Article
37, Compensation. Exhibit 3.
- The parties held negotiation sessions on:
May 8, 23,
June 9, 16, 17
July 1, 10 (health care), 22, 23
August 20, 21
September 9, 15
- The Employer made its first substantive economic proposal on August 20,
2008. Exhibit 4.
- The Association made a counterproposal on September 9, 2008 which
provided for bargaining unit wide wage increases which would have resulted
in an economic package which cost less than the package proposed by and
ultimately agreed upon by the Employer. Exhibit 5.
- Ultimately the parties tentatively agreed upon a compensation package
which included cost of living increases of 1.7% July 1, 2009 and 2.0% July
1, 2010. In addition, the parties agreed to range adjustments for the
Biologist 1-4 classifications. Exhibit 5.
- The agreement was ultimately ratified by the Association and the
Employer was notified of that fact on September 25, 2008, well in advance of
the statutory October 1, 2008 deadline. Exhibit 6.
- Throughout negotiations the Employer’s representative, Brad Garrett,
informed the Association bargaining team that the State’s finances were
bleak, and this was the most the Association would be able to get. Garrett
also conveyed to the Association bargaining team that the proposal’s had
been analyzed by the OFM budge office.
- Based upon the Employer’s financial representations, the Association
agreed to and ultimately ratified the Agreement, including the wage
adjustments.
- On December 18, 2008 Governor Christine Gregoire issued an email to all
State employees notifying them that she was not going to include the
negotiated increases in her budget request for the 2009-2011 biennium.
Exhibit 7.
- On December 18, 2008 OFM Labor Relations Director Diane Leigh issued a
memorandum to the various State employee representatives notifying those
representatives that OFM has “determined that the agreements are not
financially feasible for the State.” Exhibit 8.
- The State’s economic proposals and subsequent finding that the proposals
were not feasible constitute bad faith bargaining in violation of
RCW 41.80.110(1)(e).
- Governor Christine Gregoire’s refusal to submit a budget request to the
legislature which included the negotiated increase constitutes an unfair
labor practice in violation of
RCW 41.80.110(1)(a).
- The Employer negotiated the 2009-2011 Agreement in bad faith as the
Employer knew as of June, 2008 that more likely than not it could not afford
the increases proposed.
- During interest arbitration proceedings for the State ferry workers on
August 25, 2008, Wolfgang Opitz, Deputy Director of Washington State Office
of Financial Management testified on behalf of the Employer that the State’s
revenues were almost $600 million less than what was forecasted in 2008.
Transcript of Master Mates & Pilots Interest Arbitration Proceeding, August
25, 2008, p. 59-60; 66 Exhibit 9.
- Mr. Opitz further testified that the State projected a $2.6 billion
shortfall before including the, then proposed wage increases of 1.6% and
1.7% respectively. Id. Exhibit 10.
- Even with the knowledge of the projected revenue shortfall, the State
proposed a wage increase which it could not financially support. Such a
proposal constitutes bad faith bargaining in violation of RCW
41.80.110(1)(e).
- The Governor’s failure to incorporate the agreed upon increases also
constitutes bad faith bargaining as well as interference in the rights of
the employees to negotiate with the Governor’s representative a contract
which is budgeted for by the Governor. The Employer’s actions in proposing,
tentatively agreeing to the proposed increases and not informing the
Association of a repudiation of the tentative agreement constituted a
ratification of the Agreement and thus required the Governor to incorporate
that agreement into her budget in accordance with
RCW 41.80.010(1)(a) and (1)(e).
- OFM Labor Relations Deputy Director Karl Nagel took the position in
letters regarding the ratification of the Master, Mates & Pilots’ contracts
that the agreements reached by October 1, 2008 must be submitted to the
legislature for funding and any modifications to those agreements would
constitute an unfair labor practice. Exhibits 11 and 12.
- The Governor’s actions in this case similarly are an unfair labor
practice and contrary to the peaceful resolution of disputes.
WHEREFORE, the Association prays for relief as follows:
- An Order declaring the Employers actions in proposing and agreeing to
increases it knew it could not afford to constitute bad faith bargaining in
violation of
RCW 41.80.110(1)(e);
- An Order declaring the Employers actions in repudiating the agreement
after October 1, 2008 to constitute bad faith bargaining in violation of
RCW 41.80.110(1)(e);
- An Order declaring the Governor’s failure to include the agreed upon
increases in her budget to be an interference in the rights of employees to
enter into binding agreements with the State in violation of
RCW 41.80.110(1)(a);
- An Order declaring the Governor’s failure to include the agreed upon
increases in her budget to constitute bad faith bargaining in violation of
RCW
41.80.110(1)(e);
- An Order requiring the Employer to modify its budget submission to
include the agreed upon wage increases;
- An Order requiring the Employer to return to negotiations with the
Association to negotiate an enforceable agreement.
- An Order requiring the Employer to conduct such negotiations on State
time without loss of pay to Association bargaining team members.
Back to Top of Page
|
