Decisions and Orders Digest for 1996

GREG MARSHALL v. STATE OF ALASKA, Decision & Order No. 199 (January 17, 1996). An employee claiming he was discharged in retaliation for exercising rights under the Public Employment Relations Act did not meet his burden of proof. The testimony elicited at the hearing supported the facts that he was discharged during his probationary period for failure to follow an order to appear to work.

ALASKA STATE EMPLOYEES ASSOCIATION, AFSCME LOCAL 52, AFL-CIO, (PCN 08-0106) V. STATE OF ALASKA, Decision & Order No. 200 (February 9, 1996). As an exempt professional employee in the Alaska Oil and Gas Conservation Commission, the natural resource officer II shares a closer community of interest with the other exempt professional employees at the AOGCC than with the clerical and secretarial employees there who are in the general government bargaining unit. The reclassification of the position from a clerical position changed the position sufficiently to make the State's removal of it from the bargaining unit appropriate.

PUBLIC SAFETY EMPLOYEES ASSOCIATION (Weigh station operators) vs. STATE OF ALASKA, DEPARTMENT OF PUBLIC SAFETY and ALASKA STATE EMPLOYEES ASSOCIATION, AFSCME LOCAL 52, AFL-CIO, Decision & Order No. 201 (April 4, 1996). 1. The petitioner has not satisfied the requirements to sever the commercial vehicle inspectors from the general government unit. 2. Adding the commercial vehicle inspectors to the public safety officers unit would not make an appropriate unit.  Decision Appealed: Public Safety Employees Association (Weigh Station Operators) vs. State of Alaska, Department of Public Safety and Alaska State Employees Association, AFSCME Local 52, AFL-CIO, Decision & Order No. 201 (April 4, 1996). Superior Court granted request for withdrawal and DISMISSED appeal of Agency decision and order in case number 3AN-96-3522CI on December 4, 1996.

UNITED ACADEMICS-AAUP/AFT, AFL-CIO vs. UNIVERSITY OF ALASKA and ALASKA COMMUNITY COLLEGES’ FEDERATION OF TEACHERS, LOCAL 2404, AFT, AFL-CIO, Decision & Order No. 202 (April 29, 1996). (1) A unit of regular, nonadjunct faculty that excludes the faculty represented by the ACCFT, as proposed by United Academics-AAUP/AFT, AFL-CIO, is an appropriate unit for purposes of collective bargaining under AS 23.40.090. (2) Because department heads are not supervisors of other members of the unit under 8 AAC 97.990(5), 8 AAC 97.090 does not require their exclusion from the unit.

NENANA CITY PUBLIC SCHOOLS v. NENANA EDUCATION ASSOCIATION, Decision & Order No. 203 (July 8, 1996). The term of a collective bargaining agreement may not exceed three years. A party to an agreement whose term exceeds this limit may demand to bargain at a reasonable time before the limit is reached. A refusal to bargain after such a demand may be an unfair labor practice.

ALASKA COMMUNITY COLLEGES' FEDERATION OF TEACHERS, LOCAL 2404, AFT, AFL-CIO (Re: LOVELAND, NARANGS) vs. UNIVERSITY OF ALASKA, Decision & Order No. 204 (August 20, 1996). The employer’s action of bypassing the bargaining representative and negotiating directly with members of a bargaining unit on terms and conditions of employment is an unfair labor practice under AS 23.40.110(a)(5). Threats of litigation by unit members did not excuse or justify the direct dealing.

STATE OF ALASKA V. ALASKA STATE EMPLOYEES ASSOCIATION, AFSCME LOCAL 52, AFL-CIO, Decision & Order No. 205 (August 27, 1996). The services of certain of the State's computer support employees may be interrupted for a limited but not indefinite period of time and the employees therefore should be classified as class (a)(2) for purposes of strike eligibility under AS 23.40.200.

HENRY T. MUNSON v. STATE OF ALASKA, DEPARTMENT OF CORRECTIONS, and VERNON L. GILLIAM v. STATE OF ALASKA, DEPARTMENT OF CORRECTIONS, Decision & Order No. 206 (September 20, 1996). (1) By tolerating an employee with supervisory responsibilities to serve as a union shop steward, an employer interferes with the formation, existence or administration of a labor organization in violation of AS 23.40.110(a)(2); and (2) By refusing an employee's request for a shop steward at an investigative interview that the employee reasonably believes could result in discipline and by continuing the interview, an employer violates AS 23.40.110(a)(1).

HENRY T. MUNSON vs. ALASKA STATE EMPLOYEES ASS’N/AFSCME LOCAL 52, AFL-CIO and VERNON L. GILLIAM vs. ALASKA STATE EMPLOYEES ASS’N/AFSCME LOCAL 52, AFL-CIO, Decision & Order No. 207 (September 23, 1996). A union did not commit an unfair labor practice when its steward threatened discipline against another bargaining unit member because (1) the steward’s conduct did not violate AS 23.40.110(c)(1)(A) and (2) if it had, the union effectively repudiated the conduct by removing the steward from his position after an internal union proceeding and by pursuing a grievance about the discipline on behalf of the affected bargaining unit member.

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 1547, AFL-CIO v. CITY OF SELDOVIA, Decision & Order No. 208 (September 23, 1996). (1) The City violated AS 23.40.110(a)(5) when it unilaterally changed terms and conditions of employment during bargaining. (2) The doctrine of res judicata bars consideration of unfair labor practices that could have been raised in an earlier unfair labor practice complaint that was dismissed with prejudice.

PUBLIC SAFETY EMPLOYEES ASSOCIATION (Park Rangers) vs. STATE OF ALASKA, DEPARTMENT OF NATURAL RESOURCES and ALASKA STATE EMPLOYEES ASSOCIATION, AFSCME LOCAL 52, AFL-CIO, Decision & Order No. 209 (November 13, 1996). (1) The petitioner has not satisfied the requirements for severing the park rangers from the general government unit; and (2) adding the park rangers to the public safety officers unit would not make an appropriate unit.  Decision Appealed: Public Safety Employees Association (Park Rangers) vs. State of Alaska, Department of Natural Resources and Alaska State Employees Association, AFSCME Local 52, AFL-CIO, Decision & Order No. 209 (November 13, 1996). Superior Court AFFIRMED Agency decision and order in case number 3AN-96-09448CI on October 5, 1997. Superior Court case appealed to Supreme Court in case number S8374. Supreme Court AFFIRMED Superior Court on April 21, 1999.

ALASKA COMMUNITY COLLEGES’ FEDERATION OF TEACHERS, LOCAL 2402, AFT, AFL-CIO, vs. UNIVERSITY OF ALASKA, Decision & Order No. 210 (November 7, 1996). The employer refused to release union negotiators from work duties as the union requested because the union had not paid for substitutes as required under the parties’ agreement. Because release from duty was contingent on union payment for the substitutes, the employer did not commit an unfair labor practice.  Decision Appealed: Alaska Community Colleges’ Federation of Teachers, Local 2402, AFT, AFL-CIO, vs. University of Alaska, Decision & Order No. 210 (November 7, 1996). Superior Court DISMISSED Agency decision and order in case number 3AN-96-9708CI on February 5, 1998, due to parties' stipulation and agreement for dismissal.

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