Decisions and Orders Digest for 2007

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ALASKA CORRECTIONAL OFFICERS ASSOCIATION VS. STATE OF ALASKA, CASE N0. 06-1481-ULP. Decision and Order No. 283 (May 10, 2007). Retirement benefits are not a mandatory subject of bargaining under the Public Employment Relations Act. Even if retirement benefits were a mandatory subject of bargaining, the Alaska Correctional Officers Association waived its right to negotiate the statutory change to state retirement benefits. The Alaska Correctional Officers Association failed to prove by a preponderance of evidence that the State committed an unfair labor practice. On December 15, 2008, the Superior Court AFFIRMED the Agency decision and order in case 3AN-07-7771CI, stating, “The factual findings in ALRA’s Decision and Order No. 283 are substantially supported by the record. Its legal conclusions that retirement benefits are not the subject of mandatory bargaining and that ACOA impliedly waived any right to bargain have a reasonable basis in law. ALRA’s Decision and Order are Affirmed.”

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