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Decisions and Orders Digest for 2005

DISTRICT NO. 1 MARINE ENGINEERS BENEFICIAL ASSOCIATION, AFL-CIO vs. STATE OF ALASKA, CASE NO. 03-1218-ULP. Decision and Order No. 272 (February 25, 2005). The Marine Engineers Beneficial Association failed to prove that the State of Alaska committed an unfair labor practice by bargaining in bad faith when the State discussed contract negotiations and when the State agreed to meet with the union.

FAIRBANKS FIRE FIGHTERS ASSOCIATION, LOCAL 1324, IAFF vs. CITY OF FAIRBANKS, Case No. 04-1275-ULP. Decision and Order No. 273 (March 11, 2005). Although the Fairbanks Mayor recommended against approval of funding of some monetary terms for the third year of the parties' collective bargaining agreement, he did provide the appropriating legislative body, the Fairbanks City Council, with the parties' collective bargaining agreement that contained the monetary terms, for the Council's consideration. Further, AS 23.40.215 permits the Council to review each monetary term in an agreement, and choose to fund or not fund each term. There was therefore no unfair labor practice violation. Fairbanks Fire Fighters Association appealed Agency decision and order to Superior Court in case number 4-FA-05-1326-CI on March 31, 2005, over an order finding the City of Fairbanks did not commit an unfair labor practice. The case was dismissed on 9/23/08 after a motion to dismiss was filed.

ALASKA VOCATIONAL TECHNICAL EDUCATION CENTER TEACHERS’ ASSOCIATION, NEA- ALASKA, vs. STATE OF ALASKA, Case No. 04-1313-ULP. Decision and Order No. 274 (April 13, 2005). The Preamble and Recognition clauses of the parties' collective bargaining agreement are permissive subjects of bargaining. The State's unilateral change to the job description/position description from "teacher" to "instructor" was not an unfair labor practice under AS 23.40.110. The State did not bargain to impasse over a permissive subject of bargaining, and the State did not implement the change until after expiration of the collective bargaining agreement.

MARINE ENGINEERS’ BENEFICIAL ASSOCIATION, DISTRICT 1, AFL-CIO, vs. STATE OF ALASKA and ART CHANCE, Case No. 03-1246-ULP. Decision and Order No. 275 (April 29, 2005). The request by the Marine Engineers Beneficial Association (MEBA) that the Board issue a Decision and Order on the merits of this unfair labor practice dispute is denied. The hearing occurred more than a year ago. After the hearing, the parties requested that the Board place the case in abeyance and not issue a Decision and Order because the State of Alaska (State) agreed to negotiate with MEBA. The only remedy MEBA requested was that the Board order the State to start negotiations regarding the fast vehicle ferry M/V Fairweather. The State did just that, and the parties have now reached agreement on a new three-year contract. Lacking a live case or controversy, the issue for decision is now moot, and there are no public interest exceptions to the mootness doctrine.

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