Decisions and Orders Digest for 2013

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GENERAL TEAMSTERS LOCAL 959, INTERNATIONAL BROTHERHOOD OF TEAMSTERS vs. ANCHORAGE SCHOOL DISTRICT, Case No. 11-1609-ULP. Decision and Order No. 298 (May 6, 2013). The unfair labor practice by the Teamsters Local 959 is denied and dismissed. The parties’ collective bargaining agreement contains a broad management rights clause that gives the Anchorage School District the authority to decide all equipment and machinery to use in its operations, regardless of the effect on employment. By agreeing to this article in the collective bargaining agreement with the Anchorage School District, the Teamsters Local 959 waived its right to bargain over global positioning system devices, which are either equipment, machinery, or both. The Teamsters also waived the right to bargain any effects of the devices.

MARINE ENGINEERS' BENEFICIAL ASSOCIATION, AFL-CIO vs. STATE OF ALASKA, Case No. 11-1613-ULP. Decision and Order No. 299 (August 5, 2013). The unfair labor practice charge by the Marine Engineers’ Beneficial Association is denied and dismissed based on the majority Board panel’s decision that unaccompanied vehicle travel aboard Alaska Marine Highway System vessels by bargaining unit members represented by the Marine Engineers Beneficial Association is not a mandatory subject of bargaining. Board Panel Member Repasky dissents.

INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS, AFL-CIO vs STATE OF ALASKA, Case No. 11-1610-ULP. Decision and Order No. 300 (August 6, 2013). The unfair labor practice charge by the International Organization of Masters, Mates and Pilots is denied and dismissed based on the majority Board panel’s decision that, based on the facts in this case, the unaccompanied vehicle travel aboard Alaska Marine Highway System vessels by bargaining members represented by the Masters, Mates and Pilots is not a mandatory subject of bargaining. Board Panel Member Repasky dissents.

UNIVERSITY OF ALASKA VS. UNIVERSITY OF ALASKA FEDERATION OF TEACHERS, LOCAL 2404, APEA/AFT AFL-CIO AND UNITED ACADEMICS-AAUP, AFL-CIO, CASE NO. 08-1537-UC. Decision and Order No. 301 (December 18, 2013). The petition by the University of Alaska for unit clarification is granted, in accordance with this decision. The bargaining unit descriptions of the University of Alaska Federation of Teachers and United Academics are clarified to reflect substantial changes in circumstances since certification, under 8 AAC 97.050. The University of Alaska Federation of Teachers' bargaining unit shall include non-adjunct, regular faculty at the University whose principal assignment is in vocational technical programs or certificate programs; developmental education program and community interest faculty; and faculty, librarians, or counselors of a community college established by the University of Alaska Board of Regents. The United Academics bargaining unit shall include non-adjunct, regular faculty who have a research component in their course load, and non-adjunct, regular faculty who teach courses that lead to four-year and graduate degrees. On January 17, 2014, University of Alaska Federation of Teachers, Local 2404, APEA/AFT AFL-CIO appealed the Agency decision and order in case 3AN-14-04472CI. The Superior Court affirmed the ALRA Board decision and order on February 11, 2016, stating “The court concludes that the Agency considered all relevant factors and acted reasonably under the applicable law. The Agency’s decision was neither arbitrary nor capricious. For all of the above reasons, the Agency’s decision is AFFIRMED.”

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