Decisions and Orders Digest for 1999

Laborers Intl Un of N. America Loc 341/, Intl Union of Op Engi Loc 302, AFL-CIO vs. City of Whittier, Decision & Order No. 242 (03/03/1999). Excluding temporary employees from the bargaining unit of Department of Public Works(DPW) employees at the City of Whittier would cause unnecessary fragmentation. Under AS 23.40.090, the temporary employees share a sufficient community of interest with the permanent DPW employees to form an appropriate unit. The position occupied by Ben Leniz is not a supervisory position under 8 AAC 97.990(a)(5) and is included in the bargaining unit.

STATE OF ALASKA, ALASKA MARINE HWY SYSTEM vs. INLANDBOATMEN'S UNION OF THE PACIFIC, AK REGION, Decision & Order No. 243 (04/09/1999). The IBU’s delay in collective bargaining negotiations was not unreasonable because it had a right to delay the negotiating process to conduct a pre-impasse strike vote, under Inlandboatmen’s Union of the Pacific v. State of Alaska, 3 AN-95-5882 CI (February 14, 1997).  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. 189.

Fairbanks Fire Fighters Association IAFF Local 1324 vs. City of Fairbanks, Decision & Order No. 244 (06/08/1999). The dispute between the parties is subject to the arbitration procedure set forth in the parties' collective bargaining agreement. Decision Appealed: Fairbanks Fire Fighters Association IAFF Local 1324 vs. City of Fairbanks, Decision & Order No. 244 (06/08/1999). On May 4, 2000, Superior Court AFFIRMED Agency decision and order in case number 4FA-99-1551CI. Fairbanks Fire Fighters Association IAFF Local 1324 filed an appeal of the superior court opinion to the Supreme Court case S-9715. The Supreme court affirmed the agency's ruling that it had the power to decide whether the underlying dispute was arbitrable.

ALASKA STATE EMPLOYEES ASSOCIATION/AFSCME LOCAL 52, AFL-CIO, vs. STATE OF ALASKA, DEPARTMENT OF ADMINISTRATION, DIVISION OF PERSONNEL/EEO, Decision & Order No. 245 (11/17/1999). Prior to impasse, and absent necessity, a compelling business justification or contractual provisions to the contrary, the State violates AS 23.40.110(a)(5) and (a)(1) by implementing a unilateral change to a mandatory subject of bargaining, such as health benefit costs.

Alaska State Employees Association, AFSCME Local 52 AFL-CIO vs. State of Alaska, Department of Administration, Division of Personnel/EEO, Decision and Order No. 246 (December 16, 1999). Prior to impasse, and absent necessity, a compelling business justification, or contractual provisions to the contrary, the State violates AS 23.40.110(a)(5) and (a)(1) by implementing a unilateral change to a mandatory subject of bargaining, such as health benefit costs. Reconsideration will be denied when a reconsideration petition makes essentially the same arguments that were made in the underlying case.

The Fairbanks Fire Fighters Association (Fire Fighters or Association) vs. the City of Fairbanks (City), Decision and Order No. 247 (December 14, 1999). A threat by the employer of legal action against an employee/union business agent for filing grievances is a violation of AS 23.40.110(a)(5) and (a)(1). The fact that the employer decided to include a so-called reservation of rights statement along with the threat does not diminish the effect of the threat of legal action for damages.APPEALED: Fairbanks Fire Fighters Association, Local 1324, IAFF vs. City of Fairbanks, Decision & Order No. 247 (12/14/1999). Superior Court REVERSED Agency decision and order in case number 4FA-00-98-CI on June 5, 2001.

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