DECISIONS

Washington State Ferries, Decision 11825-A (MRNE, 2014)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

Schwerin Campbell Barnard Iglitzin & Lavitt, L.L.P., by Terrance M. Costello, Attorney at Law, for the union.

Attorney General Robert W. Ferguson, by Catherine R. Seelig, Assistant Attorney General, for the employer.

On June 26, 2012, the Inlandboatmen’s Union of the Pacific (union) filed an unfair labor practice against the Washington State Ferries (employer).  The union alleged the employer refused to bargain when the employer eliminated the back lot shed at the Kingston Terminal as a break room without providing an opportunity to bargain.  After a hearing, Examiner Emily Whitney concluded that the employer refused to bargain.[1]  The employer appealed.

The Commission reviews conclusions and applications of law, as well as interpretations of statutes, de novo.  We review findings of fact to determine if they are supported by substantial evidence and, if so, whether those findings in turn support the Examiner’s conclusions of law.  C-Tran, Decision 7088-B (PECB, 2002).  Substantial evidence exists if the record contains evidence of sufficient quantity to persuade a fair-minded, rational person of the truth of the declared premise.  C-Tran, Decision 7088-B.  The Commission attaches considerable weight to the factual findings and inferences, including credibility determinations, made by its examiners.  Cowlitz County, Decision 7210-A (PECB, 2001).

We have reviewed the record and fully considered the arguments in this matter.  The Examiner correctly stated the legal standard.  Substantial evidence supports the Examiner’s findings of fact.  The findings of fact support the Examiner’s conclusions of law.  We affirm the Examiner.

NOW, THEREFORE, it is

ORDERED

The Findings of Fact and Conclusions of Law issued by Examiner Emily K. Whitney are AFFIRMED and adopted as the Findings of Fact and Conclusions of Law of the Commission.

The Order is modified:

WASHINGTON STATE FERRIES, its officers and agents, shall immediately take the following actions to remedy its unfair labor practices:

1.         CEASE AND DESIST from:

            a.         Refusing to bargain collectively with the Inlandboatmen’s Union of the Pacific, as the exclusive bargaining representative, regarding the use of the back lot shed as a break room.

            b.         In any other manner interfering with, restraining or coercing its employees in the exercise of their collective bargaining rights under the laws of the state of Washington.

2.         TAKE THE FOLLOWING AFFIRMATIVE ACTION to effectuate the purposes and policies of Chapter 47.64 RCW:

a.         Restore the status quo ante by reinstating the working conditions, including reinstating the back lot shed as a break room which existed for the employees in the affected bargaining unit prior to the unilateral change in eliminating the back lot shed as a break room found unlawful in this order.

b.         Give notice to and, upon request, negotiate in good faith with Inlandboatmen’s Union of the Pacific, before eliminating or making changes to the back lot shed as a break room for bargaining unit employees.

c.         Post copies of the notice provided by the Compliance Officer of the Public Employment Relations Commission in conspicuous places on the employer’s premises where notices to all bargaining unit members are usually posted.  These notices shall be duly signed by an authorized representative of the respondent, and shall remain posted for 60 consecutive days from the date of initial posting.  The respondent shall take reasonable steps to ensure that such notices are not removed, altered, defaced, or covered by other material.

d.         Notify the complainant, in writing, within 20 days following the date of this order, as to what steps have been taken to comply with this order, and at the same time provide the complainant with a signed copy of the notice provided by the Compliance Officer.

e.         Notify the Compliance Officer, in writing, within 20 days following the date of this order, as to what steps have been taken to comply with this order, and at the same time provide him with a signed copy of the notice he provides.

ISSUED at Olympia, Washington, this   24th   day of January, 2014.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

                                                MARILYN GLENN SAYAN, Chairperson

                                                THOMAS W. McLANE, Commissioner

                                                MARK E. BRENNAN, Commissioner