Decisions and Orders Digest for 2011

ALASKA PUBLIC EMPLOYEES ASSOCIATION, AFT/AFL-CIO VS. STATE OF ALASKA, CASE NO. 09-1559-CBA. Decision and Order No. 292 (March 1, 2011). The petition to compel arbitration is granted. Article 19 of the parties’ collective bargaining agreement addresses classification disputes. It is unclear whether Article 19 applies here. An arbitrator must apply and interpret the agreement to determine whether Article 19 applies to this particular dispute. The arbitrator must also determine whether the State’s realignment action resulted in a demotion of Gregory Patz.

ALASKA STATE EMPLOYEES ASSOCIATION, AFSCME LOCAL 52, AFL-CIO VS. STATE OF ALASKA, CASE NO. 10-1581-CBA. Decision and Order No. 293 (June 21, 2011). The petition by the Alaska State Employees Association is granted. The issue of age discrimination, pursuant to the nondiscrimination subsection of Article 6 of the parties’ collective bargaining agreement, is arbitrable.

PETERSBURG MUNICIPAL EMPLOYEES ASSOCIATION/ALASKA PUBLIC EMPLOYEES ASSOCIATION, AMERICAN FEDERATION OF TEACHERS LOCAL #6132, AFL-CIO VS. CITY OF PETERSBURG, CASE NO. 10-1590-SP. Decision and Order No. 294 (July 29, 2011). The petition of the Petersburg Municipal Employees Association, APEA/AFT Local 6132, AFL-CIO to classify the disputed job classifications as strike ineligible (Class I) is denied. The duties of the following positions do not meet the requirements to be classified as Class I employees under AS 23.40.200(a)(1) and (b): Parking and Vehicle Regulation Enforcement; Harbor Office Clerk; Harbor Security Officers I, II, and III; Maintenance/Harbor Security Officer II; Cook; Kitchen Supervisor; Manor Resident Assistant; Manor Resident Assistant Supervisor; and Manor Secretary I.

ALASKA STATE EMPLOYEES ASSOCIATION/AFSCME LOCAL 52, AFL-CIO VS. STATE OF ALASKA, CASE NO. 10-1572-SP. Decision and Order No. 295 (September 12, 2011). The strike petition of the Alaska State Employees Association to classify the wildland fire and resource technicians I, II, III, IV, and V positions and the wildland fire dispatchers I, II, and III positions in the general government unit as strike ineligible, Class I employees, is granted. The duties of the State’s wildland fire and resource technicians I, II, III, IV, and V and the wildland fire dispatchers I, II, and III fit within the factors required for Class I status under AS 23.40.200(a)(1) and (b).

ALASKA NURSES ASSOCIATION VS. WRANGELL MEDICAL CENTER, CASE NO. 10-1591-RC. Decision and Order No. 296 (December 8, 2011). The petition for certification of the Alaska Nurses Association as the exclusive bargaining representative for all non-supervisory nurses at the Wrangell Medical Center, excluding all other employees, is denied under AS 23.40.090 because it would result in unnecessary fragmentation. The unit appropriate for collective bargaining is a wall-to-wall unit of all non-supervisory employees. The petition for certification is remanded to Agency staff to determine whether the Alaska Nurses Association has a sufficient showing of interest for the wall-to-wall unit. If appropriate, the election shall proceed under AS 23.40.100 and relevant regulations in the wall-to-wall unit of non-supervisory Wrangell Medical Center employees.

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