Decisions and Orders Digest for 2016

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OLGA ALVORD VS. ANCHORAGE EDUCATION ASSOCIATION, NEA-ALASKA, NEA. CASE NO. 15-1667-ULP. Decision and Order No. 306 (February 17, 2016). The board considered the record and appellant Alvord’s arguments on appeal. 8 AAC 97.250(c). The panel majority consisting of Chair Bader and Member McSorley adopts the findings, conclusions, and reasoning in the October 1, 2015 Finding, and we incorporate them into this Decision and Order, with the noted modifications. We find no evidence that the Association’s multiple decisions on Alvord’s complaints were arbitrary, discriminatory, or in bad faith under the law. We affirm the Order of Dismissal. Panel member Will Askren agreed with the majority decision on all of the complaints Ms. Alvord brought forward, except the first regarding the decision to transfer Ms. Alvord to Chugiak High School. The appeal of the hearing officer’s Notice of Preliminary Finding After Investigation and the associated Order of Dismissal is denied and dismissed.

ALASKA STATE EMPLOYEES ASSOCIATION, AFSCME LOCAL 52, AFL-CIO VS. CITY OF BETHEL. CASE NO. 15-1666-RC. Decision and Order No. 307 (February 29, 2016). The Bethel City Manager is the highest ranking executive officer at the City of Bethel, under 8 AAC 97.990(b). The positions of Chief of Police, Fire Chief, Information Technology Director, Public Works Director, Port Director, and Planning Director are “appointed officials” and therefore do not meet the definition of “public employee” under AS 23.40.2540(6) and 8 AAC 97.990(b). The position of Assistant Finance Director does meet these definitions and is therefore a public employee. The position of Parks and Recreation Director does not currently exist at the City. The petition is dismissed.

MATANUSKA-SUSITNA EDUCATION ASSOCIATION, NEA-ALASKA/NEA vs. MATANUSKA-SUSITNA BOROUGH SCHOOL DISTRICT, CASE NO. 15-1673-ULP. Decision and Order No. 308 (December 12, 2016). The unfair labor practice complaint by the Matanuska-Susitna Education Association, NEA-Alaska/NEA is denied. The Association failed to prove that the unilateral change to the dress code policy by the Matanuska-Susitna Borough School District was a material, substantial, and significant change to bargaining unit employees’ terms and conditions of employment.

CLASSIFIED EMPLOYEES ASSOCIATION, NEA-ALASKA/NEA vs. MATANUSKA-SUSITNA BOROUGH SCHOOL DISTRICT, CASE NO. 15-1675-ULP. Decision and Order No. 309 (December 12, 2016.) The unfair labor practice complaint by the Classified Employees Association, NEA-Alaska/NEA is denied. The Association failed to prove that the unilateral change to the dress code policy by the Matanuska-Susitna Borough School District was a material, substantial, and significant change to bargaining unit employees’ terms and conditions of employment

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