STATE OF WASHINGTON

Moved, second and carried: to approve the minutes of the June 25, 2010 meeting.

IBU v. WSF —Unfair labor practice complaint filed 1/27/06 in which IBU charges WSF with interference, domination, discouraging union membership, and refusal to bargain: 1) selective implementation of 01-03 collective bargaining agreement-LWOP; and 2) failure to abide by MEC Case 2-06 settlement. On 9/14/09, Examiner Swanson conducted the hearing (Count 2 of Case 17-08). Transcript was received 10/6/09. Briefs were timely filed—both received 11/13/09. On 12/8/09, MEC entered Decision and Order, Dec. No. 572-MEC. On 1/4/10, WSF filed a Petition for Judicial Review of MEC Decision No. 572. The case was assigned to Judge Paula Casey and a status conference scheduled for 4/9/10. On 2/22/10, WSF filed an Affidavit of Prejudice asking that the case be reassigned. The case has now been assigned to Judge Hicks. On 7/23/10, AAG Slown reported that Judge Hicks sustained MEC’s Order. The Judge was expected to sign a closing order on 7/23. WSF has not made decision on whether to seek appellate review.

IBU v. WSF—Unfair labor practice complaint filed 12/21/07 in which IBU charges WSF with interference, refusal to bargain. Specifically IBU charges WSF with unilateral implementation of payroll system—pay discrepancies. On 3/27/09, AAG Slown reported the parties are still working with Payroll in Olympia to resolve the issue. On 4/24/09, Dennis Conklin reported there are some discrepancies on payment of sick leave and overtime. Paul Ganalon stated that several people from Payroll in Olympia are working on the issue with the parties. On 5/29/09, Paul Ganalon reported that WSF is still working with Payroll in Olympia to resolve the problems and will give IBU an update. On 6/26/09, Jay Ubelhart, IBU, reported there are still problems to be worked out. On 7/24/09, Jay Ubelhart reported that some new problems developed in July. On 9/25/09, Paul Ganalon reported WSF is still working to resolve some problems. On 10/23/09, Jay Ubelhart reported the parties have not met recently on this issue. IBU will discuss the case and decide what to do to move it along. As of 2/26/10, IBU reported that the parties have not gotten back to this issue yet. On 4/23/10, Jerry Holder and Dennis Conklin noted that the parties need to meet again to determine if any issues remain unresolved.

MEBA v. WSF—On 7/24/09, MEC entered Decision and Award, Dec. No. 563-MEC. On 8/12/09, WSF filed a Petition for Reconsideration of Attorney’s Fees. MEC received MEBA’s Response to the Petition on 8/20/09. On 9/8/09, MEC entered Order Denying WSF’s Petition for Reconsideration of Attorney’s Fees, Dec. No. 563-A MEC. On 10/8/09, WSF filed a petition with Thurston County Superior Court for review of MEC’s decision awarding attorney’s fees. On 1/8/10, a status conference was held on the petition for review. On 1/22/10, Jeff Duncan reported that members have been paid the retro portion of the award through 8/31/09. The parties continue discussions to resolve how the issue will be handled going forward. MEBA and WSF last met for this purpose on 7/7/10. WSF filed its opening brief with the court on 7/13/10. Briefs of Respondents MEBA and MEC are due 8/2/10.

IBU v. WSF—Unfair labor practice complaint filed 4/4/08 in which IBU charges WSF with interference and refusal to bargain. Specifically IBU charges WSF with failure to honor the interim arbitrator’s award and MEC settlement regarding retroactive vacation. On 9/14/09, Examiner Swanson conducted the hearing (Count 2 of Case 17-08). Transcript was received 10/6/09. Briefs were timely filed—both received 11/13/09. On 12/8/09, MEC entered Decision and Order, Dec. No. 572-MEC. On 1/4/10, WSF filed a Petition for Judicial Review of MEC Decision No. 572. The case was assigned to Judge Paula Casey and a status conference was scheduled for 4/9/10. On 2/22/10, WSF filed an Affidavit of Prejudice with the Court asking that the case be reassigned. The case has now been reassigned to Judge Hicks. On 7/23/10, AAG Slown reported that Judge Hicks sustained MEC’s Order. The Judge was expected to sign a closing order on 7/23. WSF has not made decision on whether to seek appellate review.

IBU v. WSF—Unfair labor practice complaint filed 6/20/08 and amended 6/23/08 and again 6/26/08 in which IBU charges WSF with interference and refusal to bargain. Specifically IBU charges WSF with a unilateral change in the working conditions of unlicensed deck department employees (filling open assignments for Summer 2008). The parties reached agreement on issues 1 and 2; IBU provided MEC with a copy on 10/24/08. During MEC settlement on 11/7/08, the parties reached agreement on a third issue. On 1/7/09, WSF filed its Answer to the Amended Complaint. On 1/21/09, the parties gathered for the hearing, but it did not proceed. IBU and WSF spent some time discussing the issue. They agreed to convert the 2/6/09 hearing in Consolidated Cases 19-06 and 17-08 to another settlement conference (without mediator) for Case 21-08. Hearing was continued to 3/3/09, but later cancelled due to IBU Counsel’s unavailability. On 9/25/09, IBU requested that a hearing be scheduled on the issue of assignment of AB work. On 12/4/09, Chairman Swanson reminded the parties that their “Dispatch Rules” settlement provides for resolution of related disputes such as this one through private arbitration with Liz Ford. AAG Slown will discuss this with IBU Counsel. On 3/26/10, AAG Slown reported he left this with Rob Lavitt and has heard nothing more. On 4/23/10, AAG Slown reported that counsel agree the expedited dispute process is appropriate for resolving the dispute, but have not scheduled with Arbitrator Liz Ford yet. On 5/21/10, AAG Slown suggested that the complaint could be withdrawn or dismissed since the parties have agreed to take it to Liz Ford for arbitration. (Counsel will discuss.) On 7/23/10, the parties reported they have not yet found time to schedule an arbitration date with Ms. Ford. IBU is not ready to withdraw Case 21-08 at this time.

IBU v. WSF—Unfair labor practice complaint filed 5/29/09 in which IBU charges WSF with interference and discouraging union membership. Specifically IBU charges WSF with violation of Dec. 518-A MEC (failure to hire R. Jackson as On-call Traffic Attendant). On 2/16/10, Examiner Warren conducted the hearing. MEC received the transcript on 3/5/10. On 4/6/10, IBU Counsel requested the 4/9 brief filing date be extended one week; WSF did not object. Examiner Warren granted the request. Briefs were timely filed—both received on 4/16/10. Decision pending.

IBU v. WSF—Grievance filed 6/15/09 in which IBU alleges WSF filled a temporary vacancy in a year-around position. Commissioner Cox has been assigned as Arbitrator. On 7/30/09, the parties participated in a settlement conference with Chairman Swanson, but were unable to resolve the issue. On 8/31/09, IBU Counsel requested the 9/9 hearing be continued; grievant was not available on that date. WSF Counsel did not object. Arbitrator cancelled the 9/9 hearing date, rescheduling for 1/22/10. Due to an unexpected conflict, the Arbitrator had to cancel the 1/22/10 hearing date. The hearing was rescheduled to 3/8/10. On 2/19/10, IBU requested the 3/8 hearing be continued because the Union’s primary witness was not available. WSF did not object. Arbitrator Cox granted the request. On 3/24/10, IBU filed an amendment to Case 18-09, requesting that two additional similar grievances be arbitrated with 18-09, as agreed to by the parties. Arbitrator Cox conducted the hearing on 7/21/10. Transcript is due 8/13/10 and briefs are to be simultaneously mailed on 9/17/10.

IBU v. WSF—Unfair labor practice complaint filed 10/2/09 in which IBU charges WSF with domination, discouraging union membership, refusal to bargain. Specifically IBU alleges WSF has implemented a new policy and procedure covering employees’ accumulation of compensatory time for holidays and overtime (Rules 10 and 24), without negotiating with the Union. On 1/19/10, the IBU and WSF participated in a settlement conference, but were unable to resolve the issue. MEC found it necessary to cancel the 2/16/10 hearing date for Case 2-10 and use it to reschedule the hearing in Case 15-09. The 2/2/10 Answer filing deadline was also cancelled. On 6/10/10, WSF filed its Answer to the Complaint. Commissioner Cox has been reassigned as Examiner. On 6/17/10, IBU Counsel requested the 6/24/10 hearing be continued. An unavoidable conflict arose for two key witnesses. WSF did not oppose the request. Examiner Cox has cancelled the 6/24/10 hearing date. The hearing has been continued to 12/6/10.

IBU v. WSF—~~Unfair labor practice complaint~~ (converted to a grievance) filed 10/6/09 in which IBU charges WSF with discouraging union membership, refusal to bargain. Specifically IBU alleges WSF unilaterally implemented a new payroll overpayment procedure. By phone on 3/2/10, the parties notified the MEC that they had agreed to convert this matter to a grievance. On 4/21/10, Arbitrator Cox conducted the hearing. MEC received the transcript on 5/4/10. Briefs were timely filed—both IBU’s and WSF’s were received on 7/9/10. Decision pending.

MEBA v. WSF —Unfair labor practice complaint filed 10/30/09 in which MEBA charges WSF with interference, discouraging union membership, refusal to bargain. Specifically MEBA alleges WSF made a SCE schedule change while in shipyard. On 6/24/10, MEC received a withdrawal of this matter from MEBA, along with a signed copy of the parties’ settlement agreement. On 6/25/10, MEC entered Order Closing Settled Complaint, Decision No. 583-MEC.

IBU v. WSF—Unfair labor practice complaint filed 11/5/09 in which IBU charges WSF with interference, discouraging union membership, refusal to bargain. Specifically IBU alleged WSF failed to provide information related to fact-finding meetings. During a 6/28/10 settlement conference with Chairman Swanson, the parties resolved the issue. WSF provided MEC with a copy of the signed settlement agreement which includes IBU’s withdrawal of the complaint. On 7/19/10, MEC entered Order Closing Settled Complaint, Decision No. 584-MEC.

IBU v. WSF—Unfair labor practice complaint filed 11/5/09 in which IBU charges WSF with interference and refusal to bargain. Specifically IBU alleges that WSF has failed to abide by Rule 3.04/single day vacation hours. On 3/12/10, the parties participated in a settlement conference with Commissioner Cox. They were unable to reach agreement on the issue. Due to a scheduling conflict on 5/4/10, Hearing Examiner Warren cancelled the 6/9/10 hearing and 5/26/10 answer deadline. On 6/16/10, WSF filed its Answer to the Complaint. The 6/30/10 hearing was cancelled due to AAG Slown being ill. The hearing has been rescheduled for 12/16/10.

MM&P v. WSF—Unfair labor practice complaint filed 12/21/09 in which MM&P charges WSF with refusal to bargain. Specifically IBU alleges WSF failed to adhere to the terms of the memorandum of understanding which provided for an agreement to negotiate and arbitrate a replacement for the Dispatch By Seniority program if either party elected to terminate that agreement. On 4/1/10, the parties requested the 4/26 settlement conference be postponed; they are waiting for a related interest arbitration decision to issue. On 5/12/10, the parties participated in a settlement conference with Chairman Swanson; the issue was not resolved. (The arbitration decision has not been issued yet.) On 6/3/10, the parties jointly requested the 6/17 hearing be postponed while the parties await an interest arbitration decision, expected out by 6/18. Hearing Examiner Cox granted the request. The 6/17 hearing was cancelled, as well as the 6/3 answer filing date. The parties received Arbitrator Ford’s decision on 6/20/10; a petition for reconsideration has been filed. On 7/23/10, the parties reported that Arbitrator Ford denied the Petition for Reconsideration and Motion to Stay Implementation of her Award. MM&P and WSF plan to discuss implementation of the interim process contained in the Award.

IBU v. WSF (Keith Hunt)—Grievance filed 1/27/10 in which IBU alleges WSF failed to pay Keith Hunt travel time and mileage for days worked in Anacortes in the summer of 2009. Commissioner Cox has been assigned as Arbitrator. On 3/12/10, the parties participated in a settlement conference with Commissioner Cox. On 5/21/10, Jay Ubelhart reported that he communicated with the grievant and IBU intends to proceed to hearing. On 7/12/10, Jerry Holder requested the 7/16/10 hearing be continued, due to a problem with a witness. IBU did not object. Arbitrator Swanson granted the request; the 7/16 hearing was cancelled. The hearing has been rescheduled for 1/6/11.

Jonathan Pearson v. WSF—Unfair labor practice complaint filed 2/12/10 in which Mr. Pearson charges WSF with interference, domination, discouraging union membership, discrimination, and refusal to bargain related to Mr. Pearson’s termination. Initially, the Commission decided to hold this matter in abeyance until Case 12-10 was resolved. However, the parties have agreed to participate in a joint settlement conference for the two cases. A joint settlement conference is scheduled for Case 12-10 and 11-10 on 9/28/10.

Jonathan Pearson v. MM&P—Unfair labor practice complaint filed 2/16/10 in which Mr. Pearson charges WSF with restraint, coercion; causing employer discrimination; refusal to bargain/failure to represent (Termination). On 5/12/10, the parties participated in a settlement conference with Chairman Swanson. The matter was not resolved; however Mr. Pearson and MM&P are in the process of exchanging additional information. MEC received MM&P’s Answer to the Complaint on 5/20/10. On 5/21/10, MEC received a joint request from MM&P and Mr. Pearson to postpone the 6/1 hearing, consolidate this case with Case 11-10 and schedule another settlement conference. WSF objected to consolidation. Hearing Examiner Warren has cancelled the 6/1/10 hearing. A joint settlement conference is scheduled for Case 12-10 and 11-10 on 9/28/10.

OPEIU Local 8 v. WSF—Petition for Clarification of Existing Bargaining Unit, specifically vessel work order manager position. On 4/23/10, AAG Slown noted that because the position in question is now represented by IFPTE Local 17, that union should be included as a necessary party. MEC contacted IFPTE Local 17. Vince Oliveri will represent Local 17 in the MEC proceedings. The 7/28/10 hearing date has been cancelled as Mr. Oliveri is not available. On 5/21/10, AAG Slown reported that he recently learned that some duties now in the Vessel Work Order Manager position were originally from a position represented by WFSE a year or two ago. He suggested that MEC may want to contact that union about inclusion in the case. MEC staff contacted the representative for WFSE. As of 6/2/10, WFSE had not determined whether or not it wanted to be involved. On 6/7/10, OPEIU, IFPTE Local 17 and WSF participated in a settlement conference with Chairman Swanson. Local 17 and OPEIU are still discussing the issue. DOP is to provide them further information. On 7/23/10, OPEIU requested the 8/16/10 hearing be postponed. Neither WSF nor Local 17 objected. Hearing Officer Cox granted the request. The 8/16/10 hearing has been cancelled. MEC will contact the parties in the near future to reschedule.

MEBA v. WSF —Unfair labor practice complaint filed 3/17/10 in which MEBA charges WSF with refusal to bargain. Specifically MEBA alleges WSF unilaterally implemented a Key Box System without notice to or bargaining with the Union. MEBA’s complaint included notice to the Commission that it intends to file a motion for temporary relief. On 4/12/10, the parties requested that the 4/15/10 settlement conference be cancelled. WSF needs more time to provide information MEBA requested. The parties negotiated the key box issue on 4/23 with another matter. Mediator Swanson cancelled the 4/15/10 settlement conference for Case 14-10. As of 7/23/10, the parties are continuing discussions on this issue.

MEBA v. WSF—Unfair labor practice complaint filed 3/26/10 in which MEBA charges WSF with refusal to bargain. Specifically MEBA alleges WSF has decided that unlicensed engine room personnel—Oilers and Wipers—should not be allowed to have parking spaces at the Bainbridge Island Terminal. The parties participated in a settlement conference with Mediator Cox, but were unable to resolve the issue. They intend to continue discussing. During MEC’s 7/23/10 public meeting, Karol Kingery, MEBA, requested the 9/2 hearing be converted to a settlement conference. AAG Slown did not object. Hearing Examiner Warren granted the request. The 9/2 hearing and 8/19 date for WSF to answer the complaint have been cancelled. A settlement conference is scheduled for 9/2/10.

IBU v. WSF (Pascual)—Grievance filed 4/19/10 in which IBU alleges WSF restricted Elmer Pascual’s bumping/bidding on OS positions, in violation of the contract. On 4/26/10, MEC received a copy of a letter from Jerry Holder to IBU asserting that the request for arbitration is untimely. On 6/15/10, IBU responded to Mr. Holder’s letter. A settlement conference is scheduled for 9/15/10, the hearing for 10/14/10.

IBU v. WSF (Hannam)—Grievance filed 4/20/10 in which IBU alleges WSF did not pay Hannam overtime for working during her vacation. On 4/26/10, MEC received a copy of a letter from Jerry Holder to IBU asserting that the request for arbitration is untimely. On 6/15/10, IBU responded to Mr. Holder’s letter. A settlement conference is scheduled for 9/15/10, the hearing for 11/2/10.

Christopher Johnson v. MEBA & WSF—Unfair labor practice complaint filed 5/17/10 in which Mr. Johnson charges breach of duty of fair representation/discipline. Specifically Mr. Johnson alleges MEBA acted with restraint and coercion and WSF interfered. A settlement conference is scheduled for 9/30/10.

FASPAA................................ Negotiations began in May. The parties are scheduled for interest arbitration on 8/11 and 8/12 before Arbitrator Sylvia Skratek.

IBU........................................ Negotiations began in February. IBU declared impasse on 6/9/10. On 6/15/10, Jerry Holder requested a mediator be appointed. MEC contacted the FMCS. The parties met with appointed mediator, Gary Hattal, on 7/7 and 7/9/10. IBU and WSF remain at impasse. On 7/12/10, IBU submitted its list of remaining disputed issues/final proposals to MEC. WSF filed its list/proposals on 7/16/10. On 7/22/10, the Commission issued a Certifi-cation of Issues for Interest Arbitration . The parties are in dispute over the impasse items. Interest arbitration is set for 8/2-8/6/10 before Arbitrator Sylvia Skratek.

MEBA................................... Negotiations began in June. The parties have reached a tentative agree-ment on a few items; next session is 8/4/10. MEBA counsel advised the MEC that the parties have agreed to exchange final proposals on impasse issues in arbitration on 8/10/10. Interest arbitration is scheduled 8/17-8/20/10 before Arbitrator Elizabeth Ford.

MM&P.................................. Negotiations began in April. As of 7/20/10, the parties are at impasse. Interest arbitration is scheduled for 8/16/10 before Arbitrator Timothy Williams.

Oper. Watch Superv’s......... Negotiations began in February. Interest arbitration is scheduled for 8/16/10 before Arbitrator Timothy Williams.

OFM/LRO Negotiator Jerry Holder: IBU, MM&P, Operations Watch Supervisors, Metal Trades

Linda Hoverter prepared and presented FY 10 case statistics for the Marine Employees’ Commission (attached at the end of this document.)

On the afternoon of July 7 the MEC office was closed in compliance with ESSB 6503. The next furlough afternoon is August 4, 2010.

The Office of Financial Management requested all agencies provide information on essential services, as part of the fundamental re-examination of agency activities as the budget is reworked. Eight questions were asked:

Does state government have to perform the activity, or can it be provided by others?

Does the activity need to be paid for with state general funds, versus a user fee?

Responses must be provided by August 2, 2010. Each answer can have no more than 256 characters (not words), including punctuation. It is very difficult to emphasize everything necessary in just 256 characters.

During July MEC has completed the annual review of its continuity of operations/pandemic plan as well as the annual risk management update.

Friday, August 27, 2010, 10:00 a.m., Rainier Conference Room, 4^th Floor, Washington State Ferries Offices, 2901 3^rd Avenue, Seattle

Cases pending at end of FY 09........................................... 20

Number of cases filed with the MEC in FY 10.................... 20

TYPE OF CASES FILED	NUMBER FILED	PERCENT OF TOTAL
Unfair Labor Practice	15	75%
Grievance Arbitration	4	20%
Unit Clarification Petition	1	5%

TYPE OF CASES CLOSED

NUMBER CLOSED

PERCENT OF TOTAL

Unfair Labor Practice

71%

Grievance Arbitration

Unit Clarification Petition

5 24%

Cases dismissed......................................................................... 2

PERCENT OF DISPUTES RESOLVED THROUGH MEC COMMISSIONER MEDIATION: *FY 10 AVERAGE = 52%

MEC CASE STATISTICS FOR FY 10

Cases pending at end of FY 09........................................... 20

Number of cases filed with the MEC in FY 10.................... 20

Grievance Arbitration

4

20%

Grievance Arbitration

5

24%