Seattle School District (Seattle Education Association), Decision 9242-B (EDUC, 2006)
|
STATE OF WASHINGTON BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION |
|
|
|
|
|
Employer. |
|
|
CASE 19974-U-05-5069 |
|
|
Complainant, |
DECISION 9242-B - EDUC |
|
|
|
|
DECISION OF COMMISSION |
|
|
|
|
David Fisher, appeared pro se.
Michael J. Gawley, Attorney at Law, appeared for the union.
This case comes before the Commission on a timely appeal filed by David Fisher (Fisher) seeking review and reversal of certain Finding of Fact, Conclusions of Law, and Order issued by Examiner Terry N. Wilson dismissing the complaint.[1] The Seattle Education Association (union) supports the Examiner’s decision.[2]
The only issue on appeal is whether the union committed an unfair labor practice by failing to provide the complainant his own individual copy of the negotiated collective bargaining in violation of WAC 391-95-010. We have reviewed the decision on appeal and substantial evidence supports the Examiner’s Findings of Fact. We also adopt the Examiner’s legal conclusions that the union was not required to provide each employee an individual copy of the collective bargaining agreement, rather the union was only required to provide unencumbered access to a copy of the agreement. The record demonstrates that the union did in fact provide employees unencumbered access to the collective bargaining agreement through an electronic version on its website as well as paper copies at each individual work-site. Finding no error, we affirm the order dismissing the complaint.
NOW, THEREFORE, it is
ORDERED
The Findings of Fact, Conclusions of Law, and Order dismissing the above entitled case are AFFIRMED and adopted as the Findings of Fact, Conclusions of Law, and Order of the Commission.
Issued at Olympia, Washington, the 5th day of December, 2006.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
[SIGNED]
MARILYN GLENN SAYAN, Chairperson
[SIGNED]
PAMELA G. BRADBURN, Commissioner
[SIGNED]
DOUGLAS G. MOONEY, Commissioner