STATEMENT OF THE CASE

The undersigned Examiner set forth Findings of Fact, Conclusions of Law and Direction of a Supplemental Hearing in Decision No. 808 PECB on February 5, 1980. In that decision, the Examiner found that the City of Vancouver (herein Respondent) committed certain unfair labor practices by refusing to bargain with the Washington State Council of County and City Employees and its Local 307 VC (herein Petitioner) concerning the decision to contract out certain work previously performed by employees represented by Petitioner. A supplemental hearing was directed to determine an appropriate remedy.

Prior to the supplemental hearing, the parties had a series of meetings with Kenneth J. Latsch, a member of the Commission staff, in an effort to reach a settlement in the dispute. On May 5, 1980, the parties agreed to the provisions of a back-pay settlement and requested that an order be prepared to reflect the parties’ disposition of the outstanding issues. On the basis of the aforesaid settlement agreement, the Examiner makes the following:

ORDER

Upon the basis of the Findings of Fact and Conclusions of Law found in Decision No. 808 PECB; the agreement reached by the parties, and pursuant to RCW 41.56.160 of the Public Employees Collective Bargaining Act, it is ordered that the City of Vancouver, its officers and agents shall immediately:

1.         Cease and desist from:

(a)        Contracting out the work of bargaining unit positions without first giving notice to and bargaining with Washington State Council of County and City Employees, Local 307 VC.

2.         Take the following affirmative actions:

(a)        Notify the union, in advance, of any intended decision to contract out unit work which would result in the termination of unit personnel.

(b)        Upon request by the union, bargain collectively in good faith with the union as the exclusive representative of the city’s employees in the bargaining unit, with respect to any decision to contract out unit work resulting in the termination of unit personnel, and with respect to the effects of that decision on the bargaining unit employees.

(c)        Make whole the bargaining unit employees who were terminated as a result of the contracting out of the operation of the Westside Wastewater Treatment Plant for loss of pay and benefits as agreed in the back-pay settlement reached with the union.

(d)       Post, in conspicuous places on the employer’s premises where notices to all employees are usually posted, copies of the notice attached hereto and marked “Appendix A”. Such notices shall, after being duly signed by an authorized representative of the City of Vancouver, be and remain posted for sixty (60) days. Reasonable steps shall be taken by the City of Vancouver to ensure that said notices are not removed, altered, defaced or covered by other material.

(e)        Notify the Executive Director of the Commission, in writing, within twenty (20) days following the date of this Order, as to what steps have been taken to comply herewith, and at the same time provide the Executive Director with a signed copy of the notice requied by the preceeding paragraph.

DATED at Olympia, Washington, this 23rd day of May, 1980.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

ALAN R. KREBS, Examiner

For City of Vancouver

For W.S.C.C.C.E.