Decisions and Orders Digest for 1995

Public Employees Association Local 71, AFL-CIO v. City of Haines, Decision & Order No. 184 (February 14, 1995). The decision of the Department of Labor, Labor Relations Agency, in 1982 that the resolution of the City of Haines opting out of the Public Employment Relations Act was effective to bar consideration of a representation petition filed by Public Employees Local 71 in 1981 will bar that same labor organization's representation petition to represent the same unit in 1993.

University of Alaska Classified Employees Ass'n/APEA/AFT, AFL-CIO v. University of Alaska, Decision & Order No. 185 (April 13, 1995). Rules governing smoking policy at a work site are mandatory subjects for bargaining. However, by agreeing to follow policy on subjects not specifically superseded in the collective bargaining agreement, UACEA has expressly agreed for the term of the collective bargaining agreement to the smoking policy adopted by the University regents Decision Appealed: University of Alaska Classified Employees Association/APEA/AFT, AFL-CIO vs. University of Alaska, Decision & Order No. 185 (April 13, 1995). Superior Court REVERSED AND REMANDED Agency decision and order in case number 3AN-95-3909CI on July 19, 1996. Superior Court opinion was appealed to Supreme Court in case number S7801. Supreme Court REVERSED the Superior Court on February 6, 1998, and gave instructions to AFFIRM Agency decision and order.

Public Safety Employees Association, Local 92, IUPA, AFL-CIO v. State of Alaska, Department of Public Safety, Decision & Order No. 186 (May 25, 1995). The petitioner has not justified departing from State Labor Relations Agency Order and Decision No. 120, which found that fish and wildlife enforcement officers do not share a community of interest with the regularly commissioned public safety officers unit represented by the Public Safety Employees Association and are therefore not appropriate to include in the RCPSO unit.

Public Safety Employees Association, Local 92, IUPA, AFL-CIO v. State of Alaska, Department of Public Safety, Decision & Order No. 187 (May 25, 1995). The petitioner has not demonstrated either (1). that aircraft rescue and fire fighting specialists share a community of interest with the regularly commissioned public safety officers unit and are appropriate to include in the RCPSO unit; or (2) that the representation the specialists receive from their current representative is inadequate. Decision Appealed: Public Safety Employees Association, Local 92, IUPA, AFL-CIO vs. State of Alaska, Department of Public Safety, Decision & Order No. 187 (May 25, 1995). Superior Court AFFIRMED Agency decision and order in case number 3AN-95-5208CI on October 14, 1996.

Public Safety Supervisory Ass'n v. State of Alaska, Decision & Order No. 188 (May 25, 1995). The petitioner has not satisfied the requirements in AS 23.40.090 and 8 AAC 97.025(b) to sever the Alaska State Trooper supervisors from the State supervisory unit and represent them in a separate unit. Decision Appealed: Public Safety Supervisors Association vs. State of Alaska, Decision & Order No. 188 (May 25, 1995). Superior Court AFFIRMED Agency decision and order in case number 3AN-95-6653CI on January 22, 1997.

State of Alaska, Alaska Marine Highway System v. Inlandboatmen’s Union of the Pacific/Alaska Region, Decision & Order No. 189 (June 16, 1995). Refusing to return to negotiations after the legislature failed to approve the monetary terms in the State/IBU collective bargaining agreement is an unfair labor practice under AS 23.40.110(c)(2); and because the State and IBU have not bargained since the legislature’s action, they are not at impasse.  Decision Appealed: State of Alaska, Alaska Marine Highway System vs. Inlandboatmen’s Union of the Pacific/Alaska Region, Decision & Order No. 189 (June 16, 1995). Superior Court REMANDED Agency decision and order in case number 3AN-95-5882CI on February 14, 1997, to consider the definition of "collective bargaining". The Agency issued Decision & Order No. 243, which was appealed to the Superior Court. On June 18, 1999, the Superior Court issued an ORDER OF DISMISSAL in 3AN-95-5882CI. The Superior Court opinion was appealed to Supreme Court in case number S9191. Supreme Court DISMISSED appeal and VACATED the Superior Court opinion and Agency decision and order numbers 189 and 243 on October 3, 2000. See also Agency Decision & Order No. 243.

International Brotherhood of Electrical Workers Local Union 1547 v. Kodiak Island Borough, Decision & Order No. 190 (July 21, 1995). The employer violated the duty to bargain in good faith in AS 23.40.110(a)(5) by insisting on negotiating a permissive term, by changing the terms and conditions of employment outside of the bilateral bargaining process, and by refusing to present a collective bargaining agreement for approval as required in the parties’ ground rules. Decision Appealed: International Brotherhood of Electrical Workers Local Union 1547 vs. Kodiak Island Borough, Decision & Order No. 190 (July 21, 1995). Appeal withdrawn by Kodiak Island Borough, and Superior Court DISMISSED Agency appeal in 3AN-95-7144CI on January 29, 1996.

Alaska Community Colleges' Federation of Teachers Local 2404, AFT, AFL-CIO vs. University of Alaska, Decision & Order No. 191 (September 26, 1995). An offer, even an illegal offer, is not an unfair labor practice by itself unless the offeror insists on it to impasse. Requiring the parties to bargain before the Agency finds a contract proposal to be an unfair labor practice better serves the process of negotiations by requiring the parties to attempt to work out their differences before resorting to administrative procedures.

Public Safety Employees Ass'n v. State of Alaska (DOT/PF), Decision & Order No. 192 (September 26, 1995). The reduction in force of an airport safety officer in Cold Bay, Alaska, was not a unilateral transfer of work outside of the unit violating the duty to bargain in good faith in AS 23.40.110(a)(5).  Decision Appealed: Public Safety Employees Association vs. State of Alaska (DOT/PF), Decision & Order No. 192 (September 26, 1995). Superior Court AFFIRMED Agency decision and order in case number 3AN-95-8809CI on July 22, 1996. Superior Court case appealed to Supreme Court in case number S7790. Supreme Court AFFIRMED superior court on October 15, 1997. See also Agency Decision & Order No. 173 (04/25/94).

Alaska State Employees Association/AFSCME Local 52, AFL-CIO v. State of Alaska, Alaska Department of Health & Social Services (Raymond Johnson), Decision & Order No. 193 (September 26, 1995). Because the labor organization did not prove a causal link between the discipline of a shop steward and protected activity, it did not establish a violation of AS 23.40.110(a)(1), (3), or (4).

State of Alaska v. Alaska State Employees Ass’on, AFSCME Local 52, AFL-CIO (PCN 101274) (Kellie Litzen), Decision & Order No. 194 (September 26, 1995). The natural resource manager I, Kellie Marie Litzen, located in the Division of Mining and Water Management at the Department of Natural Resources in Anchorage, shares a community of interest with the supervisory unit due to her employing and discipline responsibilities under 8 AAC 97.990(a)(5). Decision Appealed: State of Alaska vs. Alaska State Employees Association, AFSCME Local 52, AFL-CIO (PCN 101274) (Kellie Litzen), Decision & Order No. 194 (September 26, 1995). Superior Court AFFIRMED Agency decision and order in case number 3AN-95-9083CI on July 7, 1998. Superior Court case appealed to Supreme Court in case number S8756. Supreme Court AFFIRMED Superior Court on October 15, 1999. See also Agency Decision & Order Nos. 219, 196 & 198.

Alaska State Employees Association/AFSCME Local 52 vs. State of Alaska (Sack Lunches), Decision & Order No. 195 (September 26, 1995). The labor organization did not satisfy its burden to prove that the employer removed an employee benefit in retaliation for the filing of a complaint under the collective bargaining agreement in violation of AS 23.40.110(a)(1).

State of Alaska v. Alaska State Employees Ass’on, AFSCME Local 52, AFL-CIO (PCN 250180) (Nathan Johnson), Decision & Order No. 196 (October 19, 1995). The statewide environmental coordinator located in the Division of Engineering and Operations at the Department of Transportation and Public Facilities in Juneau shares a community of interest with the supervisory unit due to his employing and discipline responsibilities under 8 AAC 97.990(a)(5).

Public Employees Local 71 v. City of Wasilla, Decision & Order No. 197 (November 7, 1995). The City of Wasilla’s rejection of the Public Employment Relations Act by resolution in 1978 did not interfere with any organizational activity, was reasonably prompt, and therefore was effective to opt out of PERA under section 4, ch. 113, SLA 1972.

State of Alaska v. Alaska State Employees Ass’on, AFSCME Local 52, AFL-CIO (PCN 250235) (Eric Johnson), Decision & Order No. 198 (November 15, 1995). The technical engineer II/architect II, Eric G. Johnson, located in the Division of Engineering and Operations at the Department of Transportation and Public Facilities in Anchorage, shares a community of interest with the supervisory unit due to his employing responsibilities under 8 AAC 97.990(a)(5). State of Alaska vs. Alaska State Employees Association, AFSCME Local 52, AFL-CIO (PCN 250180) (Nathan Johnson), Decision Appealed: Decision & Order No. 196 (October 19, 1995). Superior Court AFFIRMED Agency decision and order in case number 3AN-95-9083CI on July 7, 1998. Superior Court opinion appealed to Supreme Court in case number S8756. Supreme Court AFFIRMED Superior Court on October 15, 1999. See also Agency Decision & Order Nos. 219 and 194.

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