WHEREAS, This Examiner issued a Decision and Order in this case on April 7, 1980.

WHEREAS, The section of that Decision and Order entitled “The Remedy” provides:

… That the discharged employees be returned to their former positions, that they be made whole for loss of earnings from the date of their discharge to the date they are offered reinstatement…

WHEREAS, The “Order” and “Appendix” in that Decision and Order do not conform to “The Remedy” section.

WHEREAS, It is appropriate that the “Order” and “Appendix” be corrected to reflect the intention of this Examiner as set forth in the section entitled “The Remedy”.

NOW, THEREFORE, It is hereby ordered that the “Order and “Appendix” be amended as follows:

ORDER

The Port of Edmonds, its officers and agents, shall immediately:

1.         Cease and desist from:

(a)        Refusing to bargain collectively with Service Employees International Union, Local No. 120, concerning its decision to contract out the operations of the port, and concerning the effects of that decision.

(b)        Contracting out the work of bargaining unit positions without first giving notice to and bargaining with Service Employees International Union, Local No. 120.

2.         Take the following affirmative action designed to effectuate the policies of the act:

(a)        Terminate the contract with Charles W. King for the performance of port operations formerly performed by bargaining unit employees, and restore all bargaining unit positions whose work has been improperly contracted out.

(b)        Reinstitute the positions previously abolished as a result of the contracting out of unit work and offer immediate and full reinstatement to those unit employees who were discharged as a result of the unilateral contracting out of unit work, and make them whole for any loss of pay suffered by them. Deducted from the amounts due shall be amounts equal to any earnings such employees may have received during the period of the violation calculated on a quarterly basis. Also deducted shall be an amount equal to any unemployment compensation benefits such employees may have received during the period of the violation, and respondent shall provide evidence to the Commission that such amounts have been repaid to the Washington State Department of Employment Security as a credit to the benefit record of the employees. Money amounts due shall be subject to interest at the rate of eight (8) percent from the date of violation to the date of payment.

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

(d)       Preserve and, upon request, make available to the Commission or its agents, for examination and copying, all payroll records necessary to analyze the amount of back pay due under the terms of this Order.

(e)        Upon request by the union, bargain collectively in good faith with the union as the exclusive representative of the port’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.

(f)        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 Port of Edmonds, be and remain posted for sixty (60) days. Reasonable steps shall be taken by the Port of Edmonds to ensure that said notices are not removed, altered, defaced or covered by other material.

(g)        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 posted in accordance with this Order.

DATED this 14th day of April, 1980.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

ALAN R. KREBS, Examiner