Alaska Labor Relations Agency, Appealed Decisions

Confidential Employees Association vs. State of Alaska, Decision & Order No. 157 (04/07/1993). Superior Court REVERSED Agency decision and order AND REMANDED for a new Agency hearing in case number 1JU-93-0656CI on September 1, 1994. On October 12, 1994, the Superior Court issued an ORDER OF CLARIFICATION IN 1JU-93-0656CI.

Alaska State Employees Ass'n/AFSCME Local 52 vs. State of Alaska (Health Benefits) , Decision & Order No. 158 (05/14/1993). Superior Court AFFIRMED Agency decision and order in case number 3AN-93-05800CI on June 14, 1994.

Public Employees Local 71 vs. City of Haines, Decision & Order No. 163 (07/19/1993). Superior Court REMANDED Agency decision and order in case number 1JU-93-1301CI on March 8, 1994. See also, Agency Decision & Order No. 184 issued after remand (02/14/95).

Alaska State Employees Association, AFSCME Local 52, AFL-CIO vs. State of Alaska (Re Transfer of 36 Positions) , Decision & Order No. 164 (09/27/1993). Superior Court AFFIRMED Agency decision and order in case number 3AN-93-10311CI and 3AN-93-11539CI (Consolidated) on August 9, 1994. Superior Court opinion was appealed to Supreme Court in case numbers S6600 and S6630. Supreme Court AFFIRMED in part, VACATED in part, and REMANDED to Superior Court in part on August 2, 1996. 923 P2D 18

Alaska State Employees Association/AFSCME Local 52 vs. State of Alaska, Decision & Order No. 170 (01/26/1994). Superior Court REVERSED Agency decision and order in case number 3AN-94-0879CI on June 17, 1994. (Superior Court Judge Souter's Decision issued from the bench.) Superior Court opinion was appealed to Supreme Court in case number S6540 where the Supreme Court REVERSED AND REMANDED to the Superior Court on January 24, 1996. See also Agency Case No. 97-689-ULP.

Public Safety Employees Association vs. State of Alaska, Decision & Order No. 173 (09/26/1995). ALRA Board deferred to arbitration, and case was heard a second time under ALRA Case No. 93-180-ULP. Superior Court AFFIRMED Agency decision and order number 192 in case number 3AN-95-8809IVCI on July 22, 1996. Superior Court opinion was appealed to Supreme Court in case number S7790. Supreme Court AFFIRMED on October 15, 1997. See also ALRA Decision & Order No. 192.

Alaska State Employees Association/AFSCME Local 52 vs. State of Alaska, Decision & Order No. 174 (04/19/1994). Superior Court granted State's request and DISMISSED appeal of Agency decision and order on November 13, 1995, in case number 3AN-94-4342CI.

Michael J Barber vs Alaska State Employees Association/AFSCME Local 52 , Decision & Order No. 179 (11/25/1994). Superior Court AFFIRMED Agency decision and order in case number 3AN-94-11297CI on November 6, 1995. See also, Superior Court appeal number 3AN-94-1107CI Barber vs. ALRA. Superior Court AFFIRMED dismissal of Unfair Labor Practice claim on September 29, 1995. Superior Court case nos. 3AN-94-11070CI & 3AN-94-11297CI were appealed to Supreme Court in case nos. S7361 and S7421. Supreme Court AFFIRMED both superior court opinions on April 9, 1997.

University of Alaska Classified Employees Association/APEA/AFT, AFL-CIO vs University of Alaska , Decision & Order No. 185 (April 13, 1995). Superior Court REVERSED AND REMANDED Agency decision and order case number 3AN-95-3909CI on July 19, 1996. Superior Court opinion was appealed to Supreme Court in case number S7801. Supreme Court REVERSED the Superior Court on February 6, 1998, and gave instructions to AFFIRM Agency decision and order. 952 P2D 1182

Public Safety Employees Association, Local 92, IUPA, AFL-CIO vs. State of Alaska, Department of Public Safety , Decision & Order No. 187 (May 25, 1995). Superior Court AFFIRMED Agency decision and order in case number 3AN-95-5208CI on October 14, 1996.

Public Safety Supervisors Association vs. State of Alaska, Decision & Order No. 188 (May 25, 1995). Superior Court AFFIRMED Agency decision and order in case number 3AN-95-6653CI on January 22, 1997.

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 appeals 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. 243.

International Brotherhood of Electrical Workers Local Union 1547 vs. Kodiak Island Borough , Decision & Order No. 190 (July 21, 1995). Appeal withdrawn by Kodiak Island Borough, and Superior Court DISMISSED Agency appeal in 3AN-95-7144CI on January 29, 1996.

Public Safety Employees Association vs. State of Alaska (DOT/PF), Decision & Order No. 192 (September 26, 1995). Superior Court AFFIRMED Agency decision and order in case number 3AN-95-8809CI on July 22, 1996. Superior Court case appealed to Supreme Court in case number S7790. Supreme Court AFFIRMED Superior Court on October 15, 1997. See also Agency Decision & Order No. 173 (04/25/94).

State of Alaska vs. Alaska State Employees Association, AFSCME Local 52, AFL-CIO (PCN 101274)(Kellie Litzen) , Decision & Order No. 194 (September 26, 1995). Superior Court AFFIRMED Agency decision and order in case number 3AN-95-9083CI on July 7, 1998. Superior Court case appealed to Supreme Court in case number S8756. Supreme Court AFFIRMED Superior Court on October 15, 1999. See also Agency Decision & Order Nos. 219, 196 & 198. 990 P2D 14

State of Alaska vs. Alaska State Employees Association, AFSCME Local 52, AFL-CIO (PCN 250180)(Nathan Johnson) , Decision & Order No. 196 (October 19, 1995). Superior Court AFFIRMED Agency decision and order in case number 3AN-95-9083CI on July 7, 1998. Superior Court opinion appealed to Supreme Court in case number S8756. Supreme Court AFFIRMED Superior Court on October 15, 1999. See also Agency Decision & Order Nos. 219, 194 & 198. 990 P2D 14

State of Alaska vs. Alaska State Employees Association, AFSCME Local 52, AFL-CIO (PCN 250235)(Eric Johnson) , Decision & Order No. 198 (November 15, 1995). Superior Court AFFIRMED decision and order in case number 3AN-95-9083CI on July 7, 1998. Superior Court case appealed to Supreme Court in case number S8756. Supreme Court AFFIRMED Superior Court on October 15, 1999. See also Agency Decision & Order Nos. 194, 196 & 219. 990 P2D 14

Public Safety Employees Association (Weigh Station Operators) vs. State of Alaska, Department of Public Safety and Alaska State Employees Association, AFSCME Local 52, AFL-CIO , Decision & Order No. 201 (April 4, 1996). Superior Court granted request for withdrawal and DISMISSED appeal of Agency decision and order in case number 3AN-96-3522CI on December 4, 1996.

Public Safety Employees Association (Park Rangers) vs. State of Alaska, Department of Natural Resources and Alaska State Employees Association, AFSCME Local 52, AFL-CIO , Decision & Order No. 209 (November 13, 1996). Superior Court AFFIRMED Agency decision and order in case number 3AN-96-09448CI on October 5, 1997. Superior Court case appealed to Supreme Court in case number S8374. Supreme Court AFFIRMED Superior Court on April 21, 1999.

Alaska Community Colleges' Federation of Teachers, Local 2402, AFT, AFL-CIO vs. University of Alaska , Decision & Order No. 210 (November 7, 1996). Superior Court DISMISSED Agency decision and order in case number 3AN-96-9708CI on February 5, 1998, due to parties' stipulation and agreement for dismissal.

RPM vs. Inlandboatmen's Union of the Pacific, AFL-CIO and State of Alaska, Alaska Marine Highway System , Decision & Order No. 216 (02/19/97). Superior Court granted request for withdrawal and DISMISSED appeal on Agency decision and order in case number IKE-97-115CI.

Sharon L. Shields vs. City of Unalaska, Parks, Culture, and Recreation, Decision & Order No. 217 (02/25/1997). Superior Court AFFIRMED Agency decision and order in case number 3AN-97-01262CI on October 23, 1997.

United Academics Adjuncts-AAUP/AFT/APEA, AFL-CIO vs. University of Alaska, Decision & Order No. 218 (04/15/1997). Superior Court AFFIRMED Agency decision and order in case number 3AN-97-03432CI on December 6, 1997. Superior Court opinion was appealed to Supreme Court in case number S8530. Supreme Court granted parties' request for dismissal and DISMISSED Supreme Court appeal on February 4, 1999.

State of Alaska vs. Alaska State Employees Association, AFSCME Local 52, AFL-CIO , Decision & Order No. 219 (05/27/1997). Superior Court AFFIRMED Agency decision and order in case number 3AN-95-9083CI on July 7, 1998. Superior Court opinion was appealed to Supreme Court in case number S8756. Supreme Court AFFIRMED Superior Court on October 15, 1999. See also Agency Decision & Order No. 194, 196 & 198. 990 P2D 14

Alaska State Employees Association, AFSCME Local 52, AFL-CIO vs. State of Alaska , Decision & Order No. 235 (March 19, 1998). Superior Court DISMISSED appeals on Agency decision and order in case number IJU-98-833CI on September 7, 1999.

State of Alaska, Alaska Marine Hwy System vs. Inlandboatmen's Union of the Pacific, AK Region , Decision & Order No. 243 (04/09/1999). Superior Court REMANDED Agency decision and order in case number 3AN-95-5882CI on February 14, 1997, to consider definition of "collective bargaining" under AS 23.40.250(1). Superior Court opinion was appealed to Supreme Court in case number S09191. The Supreme Court VACATED both Superior Court and also VACATED Agency D&O Nos. 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). 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 Ass'n/AFSCME Local 52 vs. State of Alaska, Decision & Order No. 245 (11/17/1999). State requested reconsideration and stay of decision and order No. 245, November 19, 1999. Board to reconsider D&O 245 as per 12/2/99 letter to parties. Decision and Order No. 246 issued 12/16/99.

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.

Public Safety Employees Association vs. State of Alaska, Decision & Order No. 255 (07/25/2001). Public Safety Employees Association appealed Agency decision and order to Superior Court in case number 3 AN-01-10051-CI on August 23, 2001. Superior Court REVERSED Agency decision and order in case number 3 AN-01-10051-CI on June 24, 2002. On July 21, 2002, the Superior Court issued an Order granting the motion of Appellee State of Alaska to stay the decision and order dated June 24, 2002, pending appeal. On June 25, 2004, the Alaska Supreme Court issued its Opinion No. 5823 stating that “Because legal indemnification is a mandatory subject of bargaining, it must be subject to the grievance-arbitration procedure of the public employee's contract with the state. However, because unions have broad discretion to negotiate in the interest of their members, PSEA can waive the right to grieve even a mandatory subject of bargaining. We therefore REVERSE the decision of the superior court and AFFIRM the decision of the Alaska Labor Relations Agency.”

Fairbanks Fire Fighters Association, Local 1324, IAFF vs. City of Fairbanks , Decision & Order No. 256 (October 17, 2001). City of Fairbanks appealed Agency decision and order to Superior Court in case number 4FA-01-2607-CI on November 16, 2001. City of Fairbanks filed Motion to Dismiss Appeal with Superior Court was granted May 31, 2002.

Public Safety Employees Association vs. State of Alaska, ALRA Case No. 01-1033-ULP. (No Decision & Order Issued in this Case) (Appeal of Dismissal) (November 12, 2002). The Alaska Superior Court affirmed the Agency's dismissal of an unfair labor practice complaint filed by the Public Safety Employees Association in case number 3 AN-01-09360-CI on November 12, 2002. PSEA had alleged that the State bargained in bad faith by negotiating to impasse on a permissive subject of bargaining. PSEA requested that the Agency order the State to accept PSEA's offer of settlement without insisting that the employee waive all related rights against the State. The State argued it had a responsibility to avoid unnecessary expenses by settling all disputes together. The Agency dismissed PSEA's complaint. Finding considerable latitude for parties to settle grievances, the Agency concluded that requiring an employer to settle labor relations disputes without allowing the parties to attempt settlement of related disputes would reduce parties' incentive to settle grievance disputes. PSEA also contended the hearing officer exceeded her investigative authority to decide the sufficiency of the charge. The Board viewed this argument as essentially a disagreement over the case's outcome. The superior court affirmed the Board's dismissal, essentially based on the Agency's analysis in the underlying dismissal.

Alaska State Employees Ass'n/AFSCME Local 52 vs. State of Alaska, Decision & Order No. 261 (12/31/2002). State of Alaska appealed Agency decision and order to Superior Court in case number 1-JU-03-00075-CI on January 30, 2003. Superior Court AFFIRMED Agency decision and order in case number 1-JU-03-00075 on December 9, 2003, stating “ . . . ALRA’s decision is REVERSED as to its central legal conclusion that “arbitrability is for the arbitrator” on placement of positions in a bargaining unit; but, is AFFIRMED in its result in so far as it sent the Article 12.04 question to arbitration.”

Alaska Vocational Technical Education Center Teachers, NEA-Alaska vs. State of Alaska and Alaska State Employees Association, AFSCME Local 52, AFL-CIO , Decision & Order No. 262 (February 19, 2003). State of Alaska appealed Agency decision and order to Superior Court in case number 1JU-03-00240 CI on March 25, 2003, claiming that the Agency erred when it reclassified an Alaska Vocational and Technical Education Center (AVTEC) employee from the general government unit (GGU) into the Alaska Vocational and Technical Education Center Teachers Association (AVTECTA). On January 26, 2004, the Superior Court AFFIRMED the Agency decision and order in case number 1JU-03-240 CI, stating “The ALRA’s finding were comprehensive and credible” and that “The court finds that its decision is reasonable and supported by the evidence.”

Alaska Public Employees Ass'n/AFT, AFL-CIO vs. State of Alaska, Decision & Order No. 264 (April 21, 2003). State of Alaska appealed Agency decision and order to Superior Court in case number 1-JU-03-00379-CI on May 19, 2003, over an order to arbitrate a labor dispute. The issue on appeal was whether a grievance was “granted” and “settled” at step three of the grievance procedure set out the in the parties Collective Bargaining Agreement. (CBA). On March 23, 2004, the Superior Court AFFIRMED the Agency decision and order in case 1-JU-03-00379-CI, stating, “The ALRA did not err in sending this matter to arbitration. The decision to do so is therefore AFFIRMED. The matter shall be arbitrated consistent with this order.

Fairbanks Fire Fighters Association, Local 1324, IAFF vs. City of Fairbanks, Decision and Order No. 273 (March 11, 2005). 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. On January 29, 2008, the Superior Court AFFIRMED the Agency decision and order in case number 4-FA-05-1326CI, stating “The ALRA’s decision is supported by the facts and has a reasonable basis in law. Furthermore, this court’s independent judgment would arrive at the same result. Because the Ground Rules Agreement was not in effect and did not govern the conduct of the parties during the relevant time, that mayor could not have violated the terms of the Ground Rules Agreement in presenting a budget proposal to the city council which did not support the terms his predecessor had negotiated.” On 3/4/2008, the Fairbanks Fire Fighters Association, Local 1324, IAFF appealed the superior court decision to the Supreme Court in Case Number S13030. The case was dismissed on 9/23/08 after a motion to dismiss was filed.

City of Seldovia vs. International Brotherhood of Electrical Workers, Local 1547, AFL-CIO, Case No. 05-1405-UC Decision and Order No. 280 (August 22, 2006). City of Seldovia appealed Agency decision and order to Superior Court in case number 3-AN-06-11692-CI on September 21, 2006, over an order finding the police chief shares a sufficient community of interest with the other employees in the bargaining unit for the position to remain in the bargaining unit where it has resided historically. Superior Court issued an Order of Dismissal on December 14, 2006, after City of Seldovia filed a Motion to Dismiss Appeal and no objections were filed.

Fairbanks Fire Fighters Ass'n, Local 1324, IAFF vs. City of Fairbanks, Case No. 04-1275-ULP Decision and Order No. 282 (September 25, 2006). (See also D&O 273) 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. On January 29, 2008, the Superior Court AFFIRMED the Agency decision and order in case number 4-FA-05-1326CI, stating "The ALRA’s decision is supported by the facts and has a reasonable basis in law. Furthermore, this court’s independent judgment would arrive at the same result. Because the Ground Rules Agreement was not in effect and did not govern the conduct of the parties during the relevant time, that mayor could not have violated the terms of the Ground Rules Agreement in presenting a budget proposal to the city council which did not support the terms his predecessor had negotiated." On 3/4/2008, the Fairbanks Fire Fighters Association, Local 1324, IAFF appealed the superior court decision to the Supreme Court in Case Number S13030. The case was dismissed on 9/23/08 after a motion to dismiss was filed.

Alaska Correctional Officers Association vs. State of Alaska, Case No. 06-1481-ULP. Decision and Order No. 283 (May 10, 2007). Alaska Correctional Officers Association appealed Agency decision and order to Superior Court in case number 3AN-07-7771-CI on June 8, 2007, over an order finding in part that retirement benefits are not a mandatory subject of bargaining under the Public Employment Relations Act. Superior Court issued a Decision on Administrative Appeal on December 15, 2008, stating in part that "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."

UNIVERSITY OF ALASKA V. 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). University of Alaska Federation of Teachers, Local 2404, APEA/AFT AFL-CIO appealed this Agency decision and order to superior court in case number 3AN-14-04472-CI on January 17, 2014. The superior court issued a Decision on Administrative Appeal on February 11, 2016, stating in part that “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.”

On March 11, 2016, the University of Alaska Federation of Teachers, Local 2404, APEA/AFT AFL-CIO appealed the final order/judgement of the superior court to the Alaska Supreme Court, in S-16243. On January 18, 2018, the Alaska Supreme Court dismissed the case based on consideration of the January 16, 2018, stipulated motion to dismiss appeal filed by the parties, the appeal was DISMISSED.

PUBLIC SAFETY EMPLOYEES ASSOCIATION/AFSCME LOCAL 803 (PSEA) V. CITY OF FAIRBANKS. 14-1658-ULP. Decision and Order No. 305 (November 24, 2015). City of Fairbanks appealed this Agency decision and order to superior court in case number 4FA-15-02868-CI on December 9, 2015. The superior court issued its Decision on Appeal on September 14, 2016, stating “The Court having reviewed the Administrative Record holds: The determination of the Alaska Labor Relations Agency Board Panel is AFFIRMED in part and DENIED in part. The Superior Court upheld the agency’s decision, with the exception of its finding that the Fairbanks City Council is a “public employer” under AS 23.30.350. The Public Safety Employees Association appealed that point to the Alaska Supreme Court in case Nos. S-16501/S16510. Oral argument was held before the supreme court in Fairbanks, on September 13, 2017. On June 15, 2018, the Alaska Supreme Court issued its decision in PSEA v. City of Fairbanks, and a three member majority delivered the opinion of the court, holding that the record does not support a finding of bad faith and thus, no unfair labor practice occurred under Alaska’s Public Employer Relations Act (PERA), reversing ALRA’s decision in D&O 305, Case No. 14-1658-ULP. Two members of the court dissented, concluding that there was substantial evidence to support ALRA’s finding that an unfair labor practice occurred, and would have affirmed the decision of the ALRA panel.

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 1547, AFL-CIO V. FAIRBANKS NATURAL GAS. 16-1700-RC. (No Decision and Order issued in this case) (Appeal of Dismissal) (July 7, 2017). Fairbanks Natural Gas appealed the Alaska Labor Relations Agency Board Order regarding the Agency’s jurisdiction to hear International Brotherhood of Electrical Workers Local 1547, AFL-CIO petition for representation to the superior court in case number 3-AN-17-08359-CI on August 4, 2017. The case is pending in superior court.

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