Decisions and Orders Digest for 1997

Public Safety Employees Ass'n vs. State of Alaska, Department of Corrections and Alaska State Employees Ass'n, AFSCME Local 52, AFL-CIO, Decision & Order No. 211 (01/16/1997). A strong community of interest, a national tradition of separate representation, and the recognition of the unique characteristics of these employees in the existing bargaining relationship justify severing the correctional officers from the general government unit, despite their adequate representation by their current bargaining representative.

Public Safety Employees Ass'n vs. State of Alaska, Decision & Order No. 212 (02/14/1997). (1) Adding the radio dispatchers to the State's public safety unit would not make an appropriate bargaining unit; and (2) the Public Safety Employees Association did not satisfy the requirements to sever the radio dispatchers from the general government unit.

International Brotherhood of Electrical Workers Union Local 1547, AFL-CIO vs. Kodiak Island Borough, Decision & Order No. 213 (01/08/1997). Because the record does not include the facts needed to determine the appropriateness of the proposed unit of mental health clinicians, the Kodiak Island Borough's motion for summary judgment and for dismissal is denied.

STATE OF ALASKA vs. ALASKA STATE EMPLOYEES ASSOCIATION, AFSCME LOCAL 52, AFL-CIO, Decision & Order No. 214 (03/04/1997). Unfair labor practice violations are heard under AS23.40.110, rather than under AS 23.40.210, which authorizes enforcement of collective bargaining agreements.

ALASKA STATE EMPLOYEES ASSOCIATION/AFSCME LOCAL 52, AFL-CIO vs. STATE OF ALASKA, Decision & Order No. 215 (01/09/1997). The union did not justify reforming a written agreement settling a bargaining unit member's claim against her employer.

RPM vs. INLANDBOATMEN'S UNION OF THE PACIFIC, AFL-CIO and STATE OF ALASKA, ALASKA MARINE HIGHWAY SYSTEM, Decision & Order No. 216 (02/19/1997). A unit of Alaska Marine Highway System unlicensed engine department employees is not an appropriate bargaining unit under AS 23.40.090 because its creation would cause unnecessary fragmentation of the work force, among other reasons.  Decision Appealed: RPM vs. Inlandboatmen's Union of the Pacific, AFL-CIO and State of Alaska, Alaska Marine Highway System, Decision & Order No. 216 (02/19/1997). Superior Court granted request for withdrawal and DISMISSED appeal on Agency decision and order in case number IKE-97-115CI.

Sharon L. Shields vs. City of Unalaska, Parks, Culture, and Recreation, Decision & Order No. 217 (02/25/1997). An employee who was not rehired after her temporary position ended during a union organizational campaign did not prove any causal relationship to her exercise of protected rights.  Decision Appealed: Sharon L. Shields vs. City of Unalaska, Parks, Culture, and Recreation, Decision & Order No. 217 (02/25/1997). Superior Court AFFIRMED Agency decision and order in case number 3AN-97-01262CI on October 23, 1997.

UNITED ACADEMICS ADJUNCTS-AAUP/AFT/APEA, AFL-CIO vs. UNIVERSITY OF ALASKA, Decision & Order No. 218 (04/15/1997). Upon consideration of the rights under PERA and the requirement that units be as large as is reasonable, the unit appropriate for bargaining is the proposed unit of adjunct faculty, based on such factors as community of interest, wages, hours, and other working conditions, the history of collective bargaining, and the desires of the employees. Participation in the election directed will be governed by 8 AAC 97.130.  Decision Appealed: United Academics Adjuncts-AAUP/AFT/APEA, AFL-CIO vs. University of Alaska, Decision & Order No. 218 (04/15/1997). Superior Court AFFIRMED Agency decision and order in case number 3AN-97-03432CI on December 6, 1997. Superior Court opinion was appealed to Supreme Court in case number S8530. Supreme Court granted parties' request for dismissal and DISMISSED Superior Court appeal on February 4, 1999.

State of Alaska vs. Alaska State Employees Ass'n, AFSCME Local 52, AFL-CIO, Decision & Order No. 219 (05/27/1997). The Agency's regulations requiring the separation of supervisory and nonsupervisory personnel at the State level in 8 AAC 97.090(a)(1) and defining "supervisory employee" in 8AAC 97.990(a)(5) are valid. The positions of statewide environmental coordinator, technical engineer II/architect II, and natural resource manager I are appropriately in the supervisory unit rather than the general government unit. Decision Appealed: State of Alaska vs. Alaska State Employees Association, AFSCME Local 52, AFL-CIO, Decision & Order No. 219 (05/27/1997). Superior Court AFFIRMED Agency decision and order in case number 3AN-95-9083CI on July 7, 1998. Superior Court opinion was appealed to Supreme Court in case number S8756. Supreme Court AFFIRMED Superior Court on October 15, 1999. See also Agency Decision & Order No. 194, 196 & 198.

UNALASKA UTILITIES EMPLOYEES ASSOCIATION vs. CITY OF UNALASKA and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 302, AFL-CIO, Decision & Order No. 220 (06/09/1997). While a unit of public utilities employees can be an appropriate bargaining unit, the Unalaska Utilities Employee Association did not demonstrate that the unit it proposed was an appropriate unit under AS 23.40.090 or satisfy the requirements in 8 AAC 97.025(b) to justify severing the public utilities employees from the existing bargaining unit.

FAIRBANKS FIRE FIGHTERS ASSOCIATION, LOCAL 1324 vs. CITY OF FAIRBANKS, Decision & Order No. 221 (06/25/1997). (1) The totality of the City's conduct regarding the Fire Fighters' grievances showed bad faith in violation of AS 23.40.110(a)(1) and (5). (2) Because the City Council did not approve the agreement settling grievance 95-1 and the City did not perform the conditions set out in the agreement, the Fire Fighters are not required to withdraw the grievance and may proceed through the grievance steps set out in the agreement, culminating in arbitration.

State of Alaska(Keenan) vs. Alaska State Employees Ass'n, AFSCME Local 52, AFL-CIO and Alaska Public Employees Association, AFL-CIO, Decision & Order No. 222 (08/08/1997). The bargaining unit placement of the engineering associate position in the Department of Transportation & Public Facilities, PCN 25-0462, is appropriately in the supervisory bargaining unit represented by the Alaska Public Employees Association/AFT, AFL-CIO.

Alaska State Employees Association, AFSCME Local 52, AFL-CIO (Planner III) vs. State of Alaska and Alaska Public Employees Association, AFL-CIO (Famtazzi), Decision & Order No. 223 (08/07/1997). The bargaining unit placement of the planner III position in the Department of Transportation & Public Facilities, PCN 25-1356, is appropriately in the supervisory bargaining unit represented by the Alaska Public Employees Association/AFT, AFL-CIO.

State of Alaska(PCN 250147) vs. Alaska State Employees Ass'n, AFSCME Local 52, AFL-CIO and Alaska Public Employees Ass'n AFT, AFL-CIO, Decision & Order No. 224 (08/08/1997). The bargaining unit placement of the cartographer III position in the Department of Transportation & Public Facilities, PCN 25-0147, is appropriately in the supervisory bargaining unit represented by the Alaska Public Employees Association/AFT, AFL-CIO.

Alaska State Employees Association, AFSCME Local 52, AFL-CIO(Fishery Biologist I vs. State of Alaska and Alaska Public Employees Association, AFL-CIO (McPherson, Molyneaux), Decision & Order No. 225 (08/08/1997). The bargaining unit placement of two fishery biologists III positions, PCN 11-1296 and PCN 11-4032, is appropriately in the supervisory bargaining unit represented by the Alaska Public Employees Association/AFT, AFL-CIO.

Alaska State Employees Association, AFSCME Local 52, AFL-CIO(Acct Tech I/II) vs. State of Alaska and Alaska Public Employees Association, AFL-CIO (Gamble), Decision & Order No. 226 (08/11/1997). The bargaining unit placement of an accounting technician I position, PCN 11-1284, is appropriately in the supervisory bargaining unit represented by the Alaska Public Employees Association/AFT, AFL-CIO.

Alaska State Employees Association, AFSCME Local 52, AFL-CIO(John Wilcock) vs. State of Alaska and Alaska Public Employees Association, AFL-CIO (Fish Bio III), Decision & Order No. 227 (08/12/1997). The bargaining unit placement of a fishery biologist III position, PCN 11-1210, is appropriately in the supervisory bargaining unit represented by the Alaska Public Employees Association/AFT, AFL-CIO.

ALASKA STATE EMPLOYEES ASSOCIATION, AFSCME LOCAL 52, AFL-CIO vs. STATE OF ALASKA and ALASKA PUBLIC EMPLOYEES ASSOCIATION/AFL-CIO (JONE; JOSEPHSON), Decision & Order No. 228 (08/12/1997). The bargaining unit placement of two fishery biologists III positions, PCN 11-5013 and PCN 11-4051, is appropriately in the supervisory bargaining unit represented by the Alaska Public Employees Association/AFT, AFL-CIO.

ALASKA STATE EMPLOYEES ASSOCIATION, AFSCME LOCAL 52, AFL-CIO vs. STATE OF ALASKA and ALASKA PUBLIC EMPLOYEES ASSOCIATION/AFL-CIO (COLLEEN S. ROSE), Decision & Order No. 229 (08/08/1997). The bargaining unit placement of an administrative clerk III position, PCN 11-2053, is appropriately in the supervisory bargaining unit represented by the Alaska Public Employees Association/AFT, AFL-CIO.

ALASKA STATE EMPLOYEES ASSOCIATION, AFSCME LOCAL 52, AFL-CIO vs. STATE OF ALASKA and ALASKA PUBLIC EMPLOYEES ASSOCIATION/AFL-CIO (HEATHER KINZIE), Decision & Order No. 230 (08/12/1997). The bargaining unit placement of an administrative clerk IV position, PCN 11-0249, is appropriately in the supervisory bargaining unit represented by the Alaska Public Employees Association/AFT, AFL-CIO.

ALASKA STATE EMPLOYEES ASSOCIATION, AFSCME LOCAL 52, AFL-CIO vs. STATE OF ALASKA and ALASKA PUBLIC EMPLOYEES ASSOCIATION/AFL-CIO(GREG DOGGETT), Decision & Order No. 231 (08/14/1997). The bargaining unit placement of a data processing manager I position, PCN 10-0119, is appropriately in the supervisory bargaining unit represented by the Alaska Public Employees Association/AFT, AFL-CIO.

Alaska State Employees Association, AFSCME Local 52, AFL-CIO(Admin Officer II) vs. State of Alaska and Alaska Public Employees Association, AFL-CIO (Newgard), Decision & Order No. 232 (08/13/1997). The bargaining unit placement of an administrative manager II position, PCN 10-0112, is appropriately in the supervisory bargaining unit represented by the Alaska Public Employees Association/AFT, AFL-CIO.

PUBLIC SAFETY EMPLOYEES ASS'N vs. STATE OF ALASKA, DEPARTMENT OF CORRECTIONS and ALASKA STATE EMPLOYEES ASS'N, AFSCME LOCAL 52, AFL-CIO, Decision &Order No. 233 (11/24/1997).  Correctional officers III are not supervisors as defined in 8 AAC 97.990(a)(5) and are therefore appropriately members of the correctional officers unit.  As members of that unit, they are entitled to vote in the representation election ordered in Decision and Order No. 211.  The ballot in that election will provide three choices for the voter--the two competing labor organizations and "no bargaining representative."

ALASKA STATE EMPLOYEES ASSOCIATION/AFSCME LOCAL 52, AFL-CIO vs. STATE OF ALASKA (OVERTIME ELIGIBILITY), Decision & Order No. 234 (11/20/1997). AS 23.40.210, which authorizes the Agency to enforce collective bargaining agreements, does not substitute for the grievance arbitration procedure in the parties' collective bargaining agreement. The parties must exhaust their contract remedies before the Agency will enforce the agreement under AS 23.40.210.

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