Green River College, Decision 12545 (CCOL, 2016)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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Green river united faculty coalition,
Complainant,
vs.
green river college,
Respondent.
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CASE 127868-U-16
DECISION 12545 - CCOL
DECISION OF COMMISSION ON MOTION FOR TEMPORARY RELIEF
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Merrilee Miron, Labor Representative, AFT Washington, for the Green River United Faculty Coalition.
John Clark, Assistant Attorney General, Attorney General Robert W. Ferguson, for Green River College.
On December 21, 2015, the Green River United Faculty Coalition (union) filed an unfair labor practice complaint against Green River College (employer) and notice of an intent to file a motion for temporary relief. The Unfair Labor Practice Manager reviewed the complaint in accordance with WAC 391-45-110 and issued a preliminary ruling for employer refusal to bargain.
On January 27, 2016, the union filed a motion for temporary relief under WAC 391-45-430. On February 3, 2016, the employer filed its response to the union’s motion. Executive Director Michael P. Sellars forwarded the matter to the Commission for consideration. The Commission has considered the parties’ briefs, affidavits, and arguments.
In its unfair labor practice complaint, the union alleged that the employer unilaterally replaced the Program Assessment and Improvement (PA&I) process in the collective bargaining agreement and implemented the Program Prioritization Process (PPP). The union also alleged the employer refused to bargain the decision to replace the PA&I process, refused to bargain the decision to implement the PPP, and refused to bargain the effects of the decision to implement the PPP. The union alleged the PPP is a process by which the employer can identify programs and jobs to cut and eliminate.
In rare circumstances, the Commission grants a request for temporary relief. Olympia School District, Decision 517-H (EDUC, 1978); Steilacoom Historical School District, Decision 2527 (EDUC, 1986); City of Tacoma, Decision 5686 (PECB, 1996).
WAC 391-45-430 governs motions for temporary relief. The Commission does not grant temporary relief unless it appears that one or more of the allegations in the unfair labor practice complaint “is of such a nature that, if sustained, the complainant would have no fair or adequate remedy and the complainant would suffer irreparable harm unless the status quo be preserved pending the completion of administrative proceedings.” WAC 391-45-430(5).
The Commission is not prejudging the merits of the case. A question exists as to whether the complaint will be sustained. While the union argues that it would be impossible to adequately restore the status quo, the union has failed to establish that it lacks an adequate remedy for the unfair labor practice complaint and would suffer irreparable harm if the status quo is not maintained until the completion of normal administrative proceedings.
ORDER
The motion for temporary relief is DENIED.
ISSUED at Olympia, Washington, this 11th day of February, 2016.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MARILYN GLENN SAYAN, Chairperson
THOMAS W. McLANE, Commissioner
MARK E. BRENNAN, Commissioner