HomeMy WebLinkAbout01142019 City Council Laydown - PERA Info RECEIVED
JAN 1 1 2019
Thibodeau, Nicole K (DOL) OFFICE OF THE
ULEHK
To: kelley@cityofseward.net
Cc: clerk@cityofseward.net
Subject: Seward - PERA opt in
Attachments: PERA INFO.pdf Q1, i99 !�l (`,
Dear Ms. Kelley Lane,
You asked me to provide the Seward City Council with information about the City of Seward opting back in to the Public
Employment Relations Act(PERA)and coming under the jurisdiction of the Alaska Labor Relations Agency(ALRA).
Attached is an information sheet describing the parameters of the Public Employment Relations Act and a list of those
political subdivisions that,to the best of our knowledge, have opted in or out of PERA.
ALRA is a quasi-judicial, neutral state agency that does not charge fees for its services. Briefly,the services the agency
provides include:
• Determination of unit composition.
• Representation elections and oversight of the representation process.
• Investigation and resolution of unfair labor practice complaints.
• Investigation and resolution of petitions to enforce collective bargaining agreements.
• Conducts hearings.
• Issues decisions and orders.
• Conducts informal mediations.
• Conducts formal mediations.
• Makes strike class determinations.
• Makes impasse determinations.
• Orders advisory arbitration.
Here is a link to the agency's website which contains additional information http://labor.alaska.gov/laborr/. ALRA's
website contains links to agency publications here http://labor.alas ,gov/laborr/forms.htm#publications where you can
look at the agency's annual report for statistics about the numbers and types of cases we handle,and pamphlets that
describe agency processes and contain ALRA's statutes and regulations.
Please look over the information provided. If you or the council members have additional questions please feel free to
contact the agency.
Sincerely,
Nicole Thibodeau
Hearing Examiner/Administrator
Alaska Labor Relations Agency
3301 Eagle Street,Suite 206
Anchorage,AK 99503
(P)907.269.4895
(F)907.269.4898
CONFIDENTIALITY NOTICE:This communication with its content and any attachments may contain confidential and/or legally privileged
information.It is solely for the use of the intended recipient(s).Unauthorized interception,review,use,or disclosure is prohibited and may violate
applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient,please contact the sender and destroy
all copies of the communication.
1
State of Alaska
Department of Labor and Workforce Development
Alaska Labor Relations Agency RECEIVED
3301 Eagle Street,Suite 206
Anchorage,Alaska 99503 JAN 11 2019
Telephone No. (907)269-4895 Fax No. (907)269-4898 OFFICE OF THE
CITY CLERK
PERA STATUS *
COVERED OPTED-OUT
All School Districts(7/1/1990) City and Borough of Juneau
Bering Straits Regional Housing Authority City and Borough of Sitka(653 P2.d 332)
Bristol Bay Borough Cityof Fa'banks (See ordinance #4264- Opted back
City and Borough of Haines (See D&O 163 & D&O 184) in)
City of Bethel(D&O 152) City of Homer(D&O 138)
City of Cordova City of Ketchikan
City of Dillingham - .. . a e _ , P.' • 19 (See
City of Fairbanks(See ordinance#4264-Opted back in) ordinance#1357-opted back in)
City of Hoonah City of Kotzebue(D&O 140/D&0167)
City of Kodiak(See ordinance#1357 10/2016) City of Nenana
City of Nenana(See 01-1105-rc election) City of North Pole(D&O 139)
City of Nome City of Seward
Petersburg Borough (Incorporated 1/3/2013 when former City City of Soldotna(Res 72-17.8/24/72 and 7/5/79;Ordinance
of Petersburg concurrently dissolved. Before the City of Petersburg #447(12/16/87)
dissolved they were also under PERA) (opted back in)
City of Seldovia (See Ordinance#726-Opted back in)
City of Wasilla(See Ordinance#07-45, 10/8/07) Kenai Peninsula Borough
City of Whittier Mat-Su Borough
City of Wrangell (See Ordinance#726 1/2003) Municipality of Anchorage(618 P.2d 321)
City and Borough of Wrangell North Slope Borough
City of Unalaska City of Valdez (Charter of the City of Valdez Section
Cordova Community Hospital 2.92.010)
Denali Borough
Fairbanks North Star Borough
Interior Regional Housing Authority
Ketchikan Gateway Borough
Kodiak Island Borough(D&O 90-5)
Nome Joint Utility System
Petersburg Medical Center
Thomas Bay Power Authority(D&O 145)
*As there is no requirement for a political subdivision or an organized borough to report the
adoption of an ordinance or resolution rejecting PERA, the Agency only becomes aware of
the status of a political subdivision when the issue is raised. This list is therefore incomplete
and may even include inaccuracies.
Sec.23.40.255.Applicability to political subdivisions,including school districts.
(a) AS 23.40.070—23.40.260 is applicable to organized boroughs and political subdivisions of the state,
home rule or otherwise, unless the legislative body of the political subdivision, by ordinance or
resolution,rejects having the provisions of AS 23.40.070—23.40.260 apply.
(b) Notwithstanding(a)of this section,a municipal school district or regional educational attendance area
may not reject application of AS 23.40.070 — 23.40.260 to employment relations with public school
employees. forms/perastat.docx rev.4/30/18(my)
RECEIVED
JAN 11 2019
OFFICE OF THE
CITY CLERK
OVERVIEW OF THE PUBLIC EMPLOYMENT RELATIONS ACT
The Public Employment Relations Act(PERA) was established by the Alaska Legislature
in 1972 as a means to govern public sector labor relations in Alaska. PERA is administered by the
Alaska Labor Relations Agency (ALRA), a neutral quasi-judicial agency comprised of a six
member volunteer board and three paid employees. PERA originally covered state (including the
Alaska Railroad), university, political subdivision, home rule, and borough employees. In 1992,
PERA's jurisdiction was expanded to include all public school employees.
In accordance with AS 23.40.255, a political subdivision may reject PERA by ordinance
or resolution. However,this opt-out provision does not apply to public schools,and the timeframe
to reject PERA is limited. There is no requirement for a political subdivision or an organized
borough to report the adoption of an ordinance or resolution rejecting PERA. As such,ALRA only
becomes aware of the status of a political subdivision if the issue is raised. Currently there are
approximately fourteen political subdivisions that have timely opted out of PERA.
Opting out of PERA does not prevent opting back in. In fact,communities such as the City
of Fairbanks,City of Kodiak,and City of Wasilla have all passed ordinances to come under PERA
jurisdiction.
PERA was enacted with the purpose of establishing guidelines for public employment
relations, to promote harmonious and cooperative relations between government and its
employees, and to protect the public by assuring effective and orderly operations of government.2
PERA recognizes "the rights of public employees to organize for the purpose of collective
bargaining",3 requires"public employers to negotiate with and enter into written agreements with
employee organizations on matters of wages, hours, and other terms and conditions of
employment",4 and maintains the merit-system principles among public employees.5
PERA provides oversight of the representation process. It ensures that public employees
can "self-organize and form, join, or assist an organization to bargain collectively through
representatives of their own choosing, and engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection."6 ALRA determines the unit composition
that "assure[s] employees the fullest freedom in exercising the rights guaranteed by AS
23.40.070-23.40.260."7 To accomplish this,ALRA determines the unit based on 'such factors as
community of interest,wages,hours,and other working conditions of the employees involved,the
history of collective bargaining, and the desires of the employees. Bargaining units shall be as
' This overview only refers to PERA as contained in AS 23.40.070-23.40.260. Please refer to AS 42.40.705-
42.40.890 for a listing of the statutes that govern the Alaska Railroad.
2 AS 23.40.070.
3Id.
°Id.
S Id.
6 AS 23.40.080
'AS 23.40.090
F/ALRA/FORMS/PERA Overview rev. 9/2018
Page 1 of 2
,
,
I • '
large as is reasonable,and unnecessary fragmenting shall be avoided."8 PERA also allows for wall
to wall units that include supervisors, except at the state level.9
Once the appropriate unit is established, ALRA con ucts an election to determine the
exclusive representative.'°After the exclusive representative is elected, negotiations may begin."
Upon completion of negotiations, PERA requires that the agement shall be reduced to writing
and may not exceed three years. 12 Additionally,the agreeme shall include"a pay plan designed
to provide for a cost-of-living differential between salaries p 'd employees residing in the state
and employees residing outside the state"13 and "shall includ a grievance procedure which shall
have binding arbitration as hs final step. Either party to the agreement has a right of action to
enforce the agreement by petition to the labor relations agency."14 With the exception of school
districts and regional educational attendance areas, the monetary terms of any agreement entered
into under PERA are subject to funding through legislative appropriation.15
In the event bargaining breaks down, PERA allowsultiple mechanisms for review. A
party may file an unfair labor practice under AS 23.40.110 ora petition to enforce the agreement
under AS 23.40.210 and 8 AAC 97.510 with the ALRA. As a neutral agency,ALRA conducts an
investigation and determines whether there is merit to the ch ge. If there is merit to the charge,
an administrative hearing before a three member board panel is conducted.16 Formal decisions of
the agency are maintained on the agency website for reference.
Additionally, PERA also allows ALRA to conduct informal resolution of cases,'7
mediations,'8 strike class determinations,I9 impasse determinations,20 order advisory arbitration,21
and resolve disputes concerning the composition of an established unit.22
Since this document is only designed to provide a high level overview of PERA, please
review the Agency's Pamphlet No. 90023 for a full listing of all the statutes and regulations that
govern PERA and ALRA.
81d.
9 8 AAC 97.090
10 AS 23.40.100
118AAC 97.210
12 AS 23.40.210
131d.
14 1d.
is AS 23.40.215
16 AS 23.40.130,8 AAC 97.340,and 8 AAC 97.350
17 AS 23.40.120 and 8 AAC 97.230
18 AS 23.40.190 and 8 AAC 97.270
19 AS 23.40.200
20 AS 23.40.190 and 8 AAC 97.270
21 8 AAC 97.280
22 8 AAC 97.050
23 http://labor.alaska.gov/Iaborr/forms/pamphlet900.pdf
F/ALRA/FORMS/PERA Overview rev. 9/2018
Page 2 of 2
1
To enable the Agency to conduct an election within this time appropriate unit for collective bargaining purposes. AS The
period, an employee must file the petition between 150 and 90 23.40.100.The sufficiency of the"showing of interest"must be
calendar days before the expiration date of the agreement. 8 investigated. If the petition is not supported by thirty percent of Alaska Labor Re ation64#1995
AAC 97.060(c)(3). A valid collective bargaining agreement the employees in the proposed bargaining unit, it will be an
does not bar an election, however, if an employee who is a dismissed. If the petition meets PERA's requirements, it is
member of the bargaining unit files the petition and more than posted in the employer's work place for fifteen calendar days. Yo JAN 1 1 2019
three years have elapsed since the execution or last time During this posting period, interested parties may file
renewal of the agreement. The Agency may not conduct an objections to the petition. If objections are filed or the ICE OF THE
election if it conducted an election in the bargaining unit or a appropriateness of the ro sed bargaining unit is questioned, Representat n CaSF
8 8P Po 8 8 LIN CLERK
subdivision of the bargaining unit within twelve months the Agency schedules a hearing. After the hearing, the Alaska This pamphlet explains what the Alaska Labor r
Relationspreceding the date of filing the petition. AS 23.40.100 (c). If Labor Relations Board issues a decision ordering an election or
you have any questions regarding the appropriate time to file a dismissing the petition. Agency is and what it does when an employee association
petition,please contact the Agency. files a petition for recognition as the bargaining agent of a
Upon receipt of a unit clarification petition, it is reviewed for group of public employees. Although the pamphlet can not
sufficiency to see if it substantially fulfills the requirements of answer all questions, it does attempt to cover the most
8 AAC 97.050(b). If sufficient, parties are notified an common questions asked the Agency.
How do you file a petition? investigation is being conducted. A preliminary finding after
investigation is issued, either recommending a dismissal
because there is no reasonable cause to believe a question of What is the Alaska Labor
A petition must include the name and address of the employer unit clarification exists,or recommending that the case proceed
and the employer's representative, including the to hearing because a dispute of facts remains. Following the Relations Agency?
representative's title. In addition, the petition must include a hearing, the Alaska Labor Relations Board issues decision
description of the bargaining unit that is the subject of the placing the position in the appropriate unit. The Alaska Labor Relations Agency is an impartial and
petition and the approximate number of employees in the unit. independent agency within the Department of Labor. It
If the petitioner is a union or employee organization, the Unit amendment petitions are handled differently. Upon consists of six board members,appointed by the governor and
petitioner must provide its name and affiliation, if any, and receipt of a valid petition, the Agency posts the petition and confirmed by the legislature,and three staff members:hearing
their addresses,facsimiles machine,and telephone numbers. It schedules a hearing if an objection is filed. Following the examiner/administrator, hearing officer, and human resource
must also provide its current roster of officers and hearing, the Alaska Labor Relations Board issues a decision consultant. The Agency administers the Public Employment
representatives and its constitution and bylaws. The petition approving or denying the amendment. Relations Act and railroad labor laws and serves as the labor
must be accompanied by showing of interest of employees in relations agency for most public employers and employees in
the bargaining unit in support of the petition. The showing of Decisions of the Alaska Labor Relations Board are appealable the state: State, municipalities that have not rejected PERA,
interest requirements are explained in 8 AAC 97.025(c)and 8 to the Superior Court. Alaska Railroad,and school districts.
AAC 97.030(b). Petition forms are available at the Agency
and on the web site for your convenience. To file a petition The Alaska Legislature has empowered the Agency under the
with the Agency,a party must mail or deliver the documents to ALASKA LABOR Public Employment Relations Act and the Alaska Railroad
the Agency office. The date of filing is the date of receipt by Corporation Act to conduct secret ballot elections so
the Agency. An Agency representative can answer your RELATIONS AGENCY employees of public employers in the State may choose
questions regarding representation petitions and can assist you 3301 EAGLE STREET, SUITE 206 whether a union or employee organization should represent
in completing the petition forms. them for bargaining purposes. A secret ballot election will be
ANCHORAGE, ALASKA 99503 conducted only when a petition requesting an election is filled
What can you expect if (907) 269-4895 in the prescribed manner. Such a petition must be filed with
the Agency, which has petition forms available upon request
you file a petition? FAX (907) 269-4898 online at "http://www.labor.alaska.gov/laborr". An original
Website: http://labor.alaska.gos/laborr and one copy must be filed with the Agency. The date of
filing shall be the date of receipt of the document by the
Upon receipt of a certification or decertification petition, the Agency.
Agency must investigate to determine whether there is a
reasonable cause to believe that a question of representation
exists and whether the proposed bargaining unit is an
Types of Petitions 3. Certification by Public Employer(RM) labor organization and certify a new one,please contact
the agency to discuss filing.
1. Certification of Public Employee Representative When one or more labor or employee organizations
(RC) present a public employer with a claim to be recognized
as the bargaining representative for a unit of employees,
This petition, which is normally filed by a union or the public employer may petition this Agency to conduct What is a "bargaining unit"?
employee organization, seeks an election to determine a representation election. The public employer must
whether employees wish to be represented by a labor or have a good faith doubt concerning whether the majority
employee organization. The signatures of 30 percent or of employees in the unit support the labor or employee A bargaining unit is a group of two or more employees
more of the employees in the bargaining unit sought organization. It must provide a brief description of the who share a community of interest and who may be
must support it. These signatures may be on separate unit, the work locations and classifications of employees reasonably grouped together for purpose of collective
cards or on a single piece of paper. This designation, or sought to be included and excluded, and the approximate bargaining. The Agency is responsible to determine the
"showing of interest," must contain a statement that the number of employees in the unit claimed to be appropriate. AS appropriate unit. The type of work performed by the
employees want to be represented for the purposes of 23.40.100 and 8 AAC 97.040. employees may determine a unit. Examples of this kind
collective bargaining by a specific labor or employee 4. Clarification of Unit(UC) of unit include supervisory employees' units and
organization, and it must be signed and dated by the maintenance employees' units. A unit may also be
determined by the location of the employees. The key
employees during the 120 days immediately preceding The public employee representative certified by the consideration in determining the appropriateness of a
the filing of the petition and contain the employees job Alaska Labor Relations Agency or recognized by the bargaining unit is the community of interest of the
classifications. The showing of interest cards are to be public employer may file a petition for clarification of
filed only with the Agency. AS 23.40.100 and 8 AACthe membership of a bargaining unit, for example,
employees involved. In determining community of
e,
97.025. interest, the Agency will consider similarities in skills,
determining whether a classification is properly a part of interests, duties, working conditions, and the nature of
that unit based on such factors as community of interest, the employer's organization. The Agency may also
2. Decertification of Public Employee wage and hours, and other working conditions of the
Representative(RD) consider history of collective bargaining and the desires
employees, the history of collective bargaining, and the of the affected employees. Bargaining units shall be as
desires of the employees. The petition must contain a large as is reasonable, and unnecessary fragmenting
The petition, which can be filed by an individual, or a description of the present bargaining unit, the date of shall be avoided. (AS 23.40.090)
labor, or employee organization, seeks an election to certification or recognition, the proposed clarification,
determine whether the authority of the union or and the reason clarification is requested. It can not raise
employee organization to act as a bargaining a question of representation. 8 AAC 97.050. If you have any questions about "bargaining units," or
representative of employees should continue. The questions about whether you are a member of a unit,
signatures of 30 percent or more of the employees in the 5. Amendment of Certification(ACI please contact the Agency.
bargaining unit represented are required. These
signatures may be on separate cards or on a single piece The public employee representative certified by the When can a petition be filed?
of paper. This "showing of interest" must state that the Alaska Labor Relations Agency or currently recognized
employees do not wish to be represented for the by the public employer may file a petition to amend the
purposes of collective bargaining by the existing laborAgency's certification of a bargaining representative to The legislature has adopted rules that establish when
or employee organization. The showing of interest mustreflect changed circumstances such as changes in the employees who are covered by an existing contract may
be signed and dated during the 120 days immediatelyname or affiliation of the labor or employee file a representation petition. Under these "contract
preceding the filing of petition, and it must contain theorganization. The petition must contain a description of bar"rules,the Agency may not conduct an election in a
• employees job classifications. The showing of interestthe present bargaining unit, the date of certification or bargaining unit in which a valid collective bargaining
cards are to be filed only with the Agency. ASrecognition, the proposed amendment, and the reasons agreement is in force except during a 90-day period
23.40.100 and 8 AAC 97.030. why amendment is requested. 8 AAC 97.050. preceding the expiration date of the agreement. AS
23.40.100(e)and 8 AAC 97.060.
If you have questions about these petitions, please
contact the Agency. If you wish to decertify an existing
RECEIVED
JAN 11 2019
OFFICE OF THE
Clrhetothitka La or Relations Agency Transferring, laying off, terminating or assigning
and Forming,or attempting to form,a union employees more difficult work tasks because they engaged
among the employees of your employer. in union or protected concerted activity.
You
Joining a union whether the union is
Unfair Labor Practices recognized by your employer or not.
Assisting a union in organizing your
fellow employees. Examples of Union Conduct
•%*.'' :or�fA'4‘1+ Refraining from activity on behalf of a Thr That Violate PERA Are:
union.
.: ::•, 25' Engaging in protected concerted activities.
`'"' "' Threats to employees that they will lose their jobs unless
Generally, "protected concerted activity" is group
..,:;-,4-:‘,..... ... activity that seeks to modify wages or working they support the union's activities.
conditions.
OIC A—-O-*," Refusing to process a grievance because an employee has
PERA forbids employers from interfering with, criticized union officers. Seeking the discharge of an
restraining,or coercing employees in the exercise of employee for not complying with an agency shop
This pamphlet contains a general explanation of what the agreement, when the employee has paid or offered to pay
Alaska Labor Relations Agency is and what it does to rights relating to organizing, joining or assisting a
process unfair labor practice charges. labor employee or organization for collective an agency fcc.
bargaining purposes, or engaging in concerted
activities, or refraining from any such activity.
—
Similarly, labor employee or organization may not
What is the Alaska Labor Relations restrain or coerce employees in the exercise of these What We Do Not Do.....
rights.
Agency?
We arc a state agency established to administer the Alaska We do not enforce—
Public Employment Relations Act(PERA)and the Alaska
Railroad Corporation labor relations laws. Examples of Employer Conduct Various federal and state laws,for example:
That Violate PERA Are:
Wage and Hour Act
Fair Labor Standards Act
Wage Garnishment Provisions of
Various Statutes
What Are Your Rights As An Davis-Bacon and Related Acts
Employee Under PERA? Contract Work Hours and Safety
Threatening employees with loss of jobs or benefits Standards Act
if they join or vote for a union or engage in protected Unemployment Compensation Statutes
concertexi activity. Worker's Compensation Statutes
Examples of Your Rights as an Employee Under PERA Equal Employment Statutes
are:
How To File information and belief the statements in the cause exists to support an unfair labor practice charge. If it
complaint or accusation are true. appears that no violation has occurred, the Agency will
dismiss your charge. You will then have the opportunity,
The charge must be mailed to the respondent and the if you wish, to appeal the dismissal to the Alaska Labor
Labor Relations Agency. If the state is the Relations Board,under 8AAC 97.250.
ULP charges are initiated by filing a charge also called an respondent,it must also be mailed to the office of the
"accusation" or "complaint." You may provide Attorney General, and the Commissioner of If after reviewing the evidence it appears that a violation
Administration. A charge will be considered filed has the will beh
documentation to support your charge,such as a collective occurred, complaint assignedto aearing
bargaining agreement,memoranda,or letters. on the date of receipt by the Agency. A charge form officer. A formal complaint called a Notice of Accusation
is available on-line from this Agency for your will be issued against the charged party and the case will
If you file a charge,you should be prepared to provide the convenience at: he set for a hearing before a hearing officer or the
members of the Alaska Labor Relations Agency Board.
name, address, telephone number, facsimile machine
number and representative of the employer or labor Http://www.labor.alaska.gov/laborr/forms.htm During the hearing you will be able to present evidence
employee or organization against whom you are filing the concerning your charge. The hearing and its review by the
charge. You must state your current address, telephone courts will determine what, if any, remedy you may
number and facsimile machine number. In addition, you receive as a result of your charge.
must explain the nature of your complaint, make a What Can You Expect If You File
statement that the facts you provide arc true to the best of A Charge?
your knowledge,and sign the form before a notary.
A charge must contain the items listed in 8 AAC -
97.220(h):
After the charge is filed,an investigator will contact
(I) the name of the respondent against whom the you. You may have provided evidence, including Alaska Labor Relations Agency
complaint or accusation is made; letters,memoranda,or sworn statements,at the time 3301 Eagle Street, Suite 206
you filed the charge. If not, you will be asked for Anchorage, Alaska 99503
(2) a plain and concise description of the alleged evidence in support of the charge.
violation including the date or dates of the alleged Telephone No. (907) 269-4895
violation and, if possible, the name, address andIf the evidence warrants continuation of the Fax No. (907) 269-4898
telephone and facsimile numbers of each person who investigation, the investigator may contact other
is alleged to have committed the violation; witnesses and the charged union or employer. Web Site: Http:/labor.alaska.gov/laborr
(3) the name,affiliation,address,telephone and facsimile If the investigator believes the charge may be
machine numbers of the party filing the complaint or resolved through informal means of conference,
accusation, and a statement of the capacity in which conciliation, and persuasion, the investigator may
that party is acting; attempt to do so. Nothing said or done during these
discussions may be used in a later hearing.
(4) the statute or regulation that the respondent is alleged
to have violated;
(5) a sworn and notarized statement by the party or
representative of the party, signing the complaint or
accusation that to the best of that person's Following the investigation, the investigator will
review the evidence to determine whether probable
I
RECEIVED
JAN 11 2019
OFFICE OF THE
CITY CLERK
Alaska Labor Relations Agency
2017 Annual Report
State of Alaska
Governor Bill Walker
Department of Labor
and Workforce Development
Commissioner er Heidi Drygas
of 7'1I
s'
w.Ra r
ar .
ALAI,
Alaska Labor Relations Agency
3301 Eagle Street,Suite 206
Anchorage,Alaska 99503
labor.relations@alaska.gov
Jean Ward, Chair
Nicole Thibodeau,Administrator
Submitted August 29,2018
,
Annual Report 2017
2017 ANNUAL REPORT
Submitted August 29, 2018
(In accordance with AS 23.05.370)
INTRODUCTION
The Alaska Labor Relations Agency, or ALRA, administers the Public Employment
Relations Act (PERA) for public employers and employees, including the State,
municipalities, public schools, and the University. The Agency also administers the
railroad labor relations laws for the Alaska Railroad Corporation. ALRA investigates
and processes petitions for certification or decertification of bargaining representatives,
petitions to clarify the composition of public employee bargaining units and to amend the
certification of units, and charges of unfair labor practices. The Agency also enforces
collective bargaining agreements, determines employee strike eligibility, and rules on
claims for religious exemption from the obligation to pay fees to a bargaining
representative.
PERSONNEL
BOARD MEMBERS
A board of six members governs the Agency. The board members serve staggered three-
year terms and must have backgrounds in labor relations. Two members each must be
drawn from management, labor, and the general public. AS 23.05.360(b). Members
volunteer their time as they are unpaid, but they receive per diem. Not more than three
members may be from one political party. The following Alaskans serve on the Board:
Jean M. Ward, Chair Appointed March 1, 2016 Public
Lee Holen, Vice Chair Appointed March 1, 2017 Public
Mila Cosgrove, Board Member Appointed January 3, 2018 Management
Tyler Andrews, Board Member Reappointed March 1, 2018 Management
Lon Needles, Board Member Reappointed March 1, 2018 Labor
Matthew McSorley, Board Member Reappointed March 1, 2016 Labor
STAFF
Nicole Thibodeau, Administrator/Hearing Examiner
Tiffany Thomas, Hearing Officer/Investigator
Margie Yadlosky, Human Resource Consultant I
*Mark Torgerson,Administrator/Hearing Examiner,retired Effective May 31,2017
Page 1
r ,
Annual Report 2017
OFFICE
3301 Eagle Street, Suite 206
Anchorage, Alaska 99503
Phone: 907.269.4895
Fax: 907.269.4898
Website: http://labor.alaska.gov/laborr/home.htm
STATUTES
Relevant statutes include AS 23.05.360--23.05.390; AS 23.40.070--23.40.260
(PERA); and AS 42.40.705--42.40.890(railroad).
REGULATIONS
The Agency's regulations appear in 8 AAC 97.010--8 AAC 97.990.
2017 HIGHLIGHTS.
Board Appointments. In early 2017, two board members retired, Lynne Curry
and Willard Askren. Governor Walker appointed current board member Jean Ward as
Chair to replace Lynne Curry and appointed new board member Lee Holen to fill the
second public seat. Retired board member Willard Askren's management seat was filled
by the appointment of Elizabeth Pierce who resigned in October 2017. Mila Cosgrove
was appointed by the Governor on January 3, 2018, to fill Ms. Pierce's vacant
management seat. The Alaska Labor Relations Agency now enjoys a full board.
Caseload Trends. Case filings in 2017 (20) decreased by 16.7 percent over 2016
(24). This suggests the caseload is relatively stable. (See "CASE LOAD COMPARISON BY
YEAR" chart, page 8).
As shown by the"OVERVIEW" table on page 7, the number and type of cases filed
each year is unpredictable. The Agency has no direct control over case filings. Factors
that affect filings include union organizing efforts, expiration of collective bargaining
agreements, economic factors, and changes to statutes and regulations.
Appeals to Alaska Courts. There was one appeal filed in the Alaska Superior
Court in 2017. That appeal and three others were recently decided by the Alaska
Page 2
Annual Report 2017
Superior Court and Alaska Supreme Court. Currently there are no appeals of agency
Decision and Orders pending in state court.
The first appeal recently concluded concerns a funding dispute of an approved
collective bargaining agreement between the City of Fairbanks and the Public Safety
Employees Association. This case was appealed to the Alaska Supreme Court on
October 17, 2016, after the superior court affirmed in part and denied in part the
determination of the ALRA Board panel. On June 15, 2018, the Alaska Supreme Court
issued its decision in PSEA v. City of Fairbanks, 420 P.3d 1243 (Alaska 2018) 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 Decision and
Order No. 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. On July 26,
2018, the superior court issued an Order Upon Conclusion of Appeal in Civil Case in
Trial Court Case No. 4FA-15-02868CI and Appeal Case No. S-16501/16510 and
remanded the case to the Agency.
The second appeal recently decided by the Alaska Superior Court concerned a
December 5, 2016, ALRA Board dismissal due to lack of jurisdiction over an event that
occurred before the City of Kodiak had opted back under the Public Employment
Relations Act and ALRA's jurisdiction. The General Teamsters Local 959, filed this
appeal on January 6, 2017. On August 24, 2017, the superior court issued its "Decision
Affirming Final Judgment of the Alaska Labor Relations Agency."
The third appeal recently decided by the supreme court was a 2014 appeal of an
agency Decision and Order concerning unit disputes at the University of Alaska. On
February 11, 2016, Superior Court Judge Guidi affirmed the Agency Board's decision in
all respects. On March 11, 2016, this case was appealed to the Alaska Supreme Court.
On January 18, 2018, this appeal was withdrawn by the parties due to a settlement
agreement that the parties would mutually agree to a bargaining unit representative. In
March 2018, the parties continued their commitment to settlement by filing a petition for
mutual recognition with the Agency. On April 11, 2018, a Certification of
Representation Resulting from Mutual Consent was issued.
The fourth closed appeal was filed by Fairbanks Natural Gas in superior court on
August 4, 2017, and involved a case filed by International Brotherhood of Electrical
Workers who filed a petition to certify itself as the exclusive representative of a unit of
employees at Fairbanks Natural Gas. At issue was the Agency's jurisdiction and the
determination that the Fairbanks Natural Gas was a political subdivision of the State
pursuant to AS 23.40.250(7). The superior court issued an Order Granting Motion to
Stay Proceedings on December 26, 2017, due to the pending sale of Fairbanks Natural
Gas, and on July 10, 2018, the International Brotherhood of Electrical Workers Local
Page 3
Annual Report 2017
1547 withdrew its representation case pending at the Agency. The superior court issued
an Order on July 17, 2018 dismissing the administrative appeal in 3 AN-17-8359 Cl.
Unit Clarification Petitions. In 2017, four unit clarification (UC) petitions were
filed. (See "CASES FILED" on page 7 for a year-by-year comparison). This is the first
time since 2009 that the UC case filings have increased.
The primary factor in bargaining unit placement is the employee's actual duties.
Historically, UC petitions typically involved a dispute over the extent of an employee's
supervisory or confidential duties, and these petitions outnumbered all other filings
combined. Most UC disputes have involved the State of Alaska, the Alaska State
Employees Association (ASEA) (the largest state union, representing the general
government unit), and the Alaska Public Employees Association (APEA) (representing
the state supervisors' unit).
Unfair Labor Practice Complaints. Unfair labor practice (ULP) charges filed in
2017 (7) reflect a decrease from the past five years. (See "CASES FILED" on page 7 for a
year-by-year comparison). Completing unfair labor practice cases generally consumes a
substantial percentage of the Agency's workload duties because the process requires
agency investigations, prehearing conferences, and board hearings. Like all case types,
ULP case filings are unpredictable in their nature and complexity because of each case's
unique facts. (See "CASES FILED" page 7, analysis at page 15, and chart on page 16). In
2017, 58% of ULP filings were education-related, 14% were State-related cases, and 28%
were political subdivision-related cases. There were no Alaska Railroad ULP cases filed
during the year. (See"Unfair Labor Practice Charges Filed"page 16).
Bad faith bargaining charges arise in the context of collective bargaining: one
party believes the other party has failed to bargain in good faith under the law. In 2017,
72%of unfair labor practice charges concerned bad faith bargaining, 14% concerned duty
of fair representation, and 14% concerned the interference with employee's protected
rights. One ULP investigation was completed in an average of 10 days compared to 145
day average to finish seven in 2016. As indicated above, case nature, complexity and
workload size can affect the time to conclude investigations.
Elections. The agency conducted three elections in 2017. All three of the
elections conducted concerned certification of new bargaining units at the City of
Kodiak. The number of representation and decertification petitions filed has generally
decreased. (See"CASES FILED"page 7).
Strike Class Petitions. There was one strike class petition filed in 2017. (See
"CASES FILED" page 7).
Emphasis on Informal Resolution. The Agency continues to encourage informal
resolution through mediation and other means. To this end, the Agency's hearing officer
works with parties to resolve unfair labor practice disputes. When successful, this
Page 4
Annual Report 2017
informal resolution saves parties and the Agency the time and expense required to litigate
these disputes through the hearing process. The Agency continues to resolve disputes
informally. In 2017, the hearing officer successfully increased informal resolutions for
eleven unfair labor practice cases, up from seven in 2016.
Website. The Agency provides information on its Internet web site, accessible
through the State of Alaska's home page (http://www.alaska.gov) or directly at
http://labor.alaska.gov/laborr/home.htm. The site contains a link for contacting the
Administrator by e-mail, information about Agency programs and resources, and access
to a searchable database of all Agency decisions. The Agency continues to add new
materials to the website and welcomes public suggestions. The Agency also seeks
feedback on the public's experience with the searchable database.
Training. The ALRA Board is supported on a day-by-day basis both legally and
administratively by ALRA staff who have certificated legal experience and many years of
on-the-job experience. It is important that the Board and staff members participate in
continuing education to allow a professional and objective response to the myriad of
complex and ever-evolving labor relations issues that arise before the Agency. Training
provides information and tools that increase the Board and staffs ability to produce a
quality work product for the public. However, due to a lack of funding, no board
member attended training or continuing education in 2017. This lack of training funding
could likely result in some board members losing knowledge of current case law, rules,
and regulations pertinent to their decisions.
Law Externship. Alaska now enjoys its first law school connection in-state.
Starting with the 2015 fall semester, Seattle University School of Law opened a satellite
campus at Alaska Pacific University (APU) in Anchorage. This program, offering
students the opportunity to spend their third year of law school in Alaska, provides a
variety of Alaska-related courses taught by Alaska's bench and bar and by faculty from
Seattle University's School of Law. One former agency intern is attending his third year
of law school at APU.
With the transition of a new Administrator during the same time period, the
Agency did not participate in the Seattle University Summer in Alaska Law Internship
program during 2017. This intern/extern program, started in 2008, and is a combined
effort by Seattle University Law School, the Alaska Pacific University, and primarily
Alaskan governmental entities to provide legal experience and training to law students.
Aaron Dobruck, 2016 Seattle University Law School ALRA summer intern, has since
moved to Alaska to finish his law degree and practice law in Alaska.
Interning at the Agency requires law students to apply through the Seattle
University School of Law as part of its "Study Law in Alaska" program. This program
gives law students an opportunity to work in the labor law field and to experience a
summer in Alaska. Students are selected by the ALRA Administrator. Due to limited
funding, interns are no longer reimbursed for their plane fare or other expenses. Interns
Page 5
Annual Report 2017
do not receive any compensation from the State for their training and their contributions
to the Agency.
Among other things, the intern/extern program encourages law students to
consider relocating to Alaska and working in labor law or other legal fields. The Agency
has received positive reviews from participating students and from Seattle University
Law School's program director. This program allowed the intern to explore public labor
laws, conduct labor relations research, write legal memoranda, read and digest opinions,
briefs, and motions, write summaries of published agency decisions, and confer with
agency staff on performing other technical duties they may encounter as a new lawyer.
Thus far, five interns who have completed the program have either moved to Alaska or
plan to move here. Two former interns have moved to Alaska, passed the Alaska Bar
exam, and are now practicing law in Alaska.
Outreach. Agency staff provided information about the Public Employment
Relations Act (PERA) and discussed the difference between it and the National Labor
Relations Act (NLRA) with new representatives from public employee labor
organizations and public employers. As part of their discussions with new
representatives, ALRA staff provide a history of the evolution of public labor relations in
Alaska and at the Agency, provide instruction on how to file documents at the agency,
and share insights gained through their experience at the Agency. They emphasized the
importance of parties' developing and maintaining good relationships, particularly after
they experience long, difficult negotiations.
Page 6
•
Annual Report 2017
OVERVIEW
CASES FILED 2013 2014 2015 2016 2017
Amended Certification(AC) 0 0 0 2 0
Recognition by Mutual Consent(RM) 0 1 0 0 0
Representation(RC) 0 1 2 4 2
Decertification(RD) 0 1 1 0 0
Deceit.to certify a new rep.(RC/RD) 0 0 1 0 0
Strike class petition(SP) 0 1 0 0 1
Unit Clarification(UC) 1 1 1 1 4
Unfair Labor Practice Charge(ULP) 12 9 10 13 7
Religious Exemption Claims(RE) 0 2 0 0 1
Contract Enforcement(CBA) 1 1 0 4 5
Other(OTH) 0 0 1 0 0
TOTAL 14 17 16 24 20
AGENCY ACTIVITY 2013 2014 2015 2016 2017
Unfair Labor Practice Investigations 5 9 4 7 1
Unit Clarification Investigations 1 1 0 0 2
Decisions and Orders Issued 4 2 3 4 4
Other Board Orders Issued 2 5 3 5 10
Hearing Officer Orders Issued 1 4 2 3 2
Elections Conducted(includes AC) 0 2 1 4 3
TOTAL 13 23 13 23 22
FINAL DISPOSITION 2013 2014 2015 2016 2017
Notices of dismissal issued 2 5 4 5 6
Cases settled or withdrawn 4 7 6 6 12
Cases that went to hearing 0 4 2 3 4
Impasse matters settled or withdrawn 0 1 0 0 0
Cases deferred to arbitration 0 1 0 0 1
TOTAL 6 18 12 14 23
Page 7
Annual Report 2017
CASE STATUS SUMMARIES
CASE LOAD COMPARISON BY YEAR(FILED)
25- / /
20 / /
/ /
/ r
15-//
10y
5y
f
0 �/'
2013 2014 2015 2016 2017
Page 8
Annual Report 2017
CHARTS
PROGRAM COMPARISON BY YEAR(FILED)
14-
12-'
I
10-
8J ■2013
_ 02014
■2015
6-/
.:=.•
■2016
J G ®2017
4
-
2-'- I11 1
0 ■I! 110__ .k ■I
RC SP UC ULP RE CBA OTHER
RC Representation petitions ULP Unfair labor practice charge
SP Strike notices and petitions RE Religious exemption claim
UC Unit clarification petitions CBA Contract Enforcement
EMPLOYER COMPARISON BY YEAR(FILED)
10-/
/
9-//
■2013
7 I ❑2014
6 I — ■2015
5 '711 ■2016
4 / / 02017
3
Ir
2
1
0 /
State Municipalities School Districts Railroad
Page 9
Annual Report 2017
PROGRAM FIVE YEAR TRENDS
14J
12-
10- •2013
8 / 2014
6J ®2015
4 ■2016
2� ' Ed2017
0
UC ULP CBA
UC Unit clarification petitions
ULP Unfair labor practice charges
CBA Contract Enforcement petitions
SCHOOL DISTRICT ACTIVITY FROM 2013 TO 2017
FOR ALL CASES FILED
1'ii
0101
2
010
0
School Districts
■2013 ❑2014 1112015 ■2016 02017
Page 10
Annual Report 2017
REPRESENTATION PETITIONS (AS 23.40.100; AS 42.40.750)
Labor organizations, employers, or employees may file a petition to initiate a
secret ballot election for certification or decertification of a labor or employee
organization for collective bargaining. Alternatively, parties may notify the Agency that
the employer consents to the labor organization's exclusive representation of a particular
unit of employees. When this occurs, no election is required if investigation verifies the
majority status of the labor organization and no current collective bargaining agreement
exists.
Prior to conducting an election, the Agency resolves any objections raised by a
party. For example, the employer in a case may object to the composition of a bargaining
unit. If a party files an objection, a hearing may be conducted before the agency board
which issues a decision and order that clarifies who gets to vote in the election.
During 2017, the Agency fielded numerous questions on organizing and
decertifying efforts. Two petitions were filed in 2017. Three elections were conducted,
two of which were filed in late 2016 and one filed in 2017. One additional petition filed
in 2017 is pending in 2018.
All three elections conducted in 2017 were related to the City of Kodiak's 2016
vote to opt back in to the jurisdiction of the Public Employment Relations Act (PERA).
After 44 years in "opted out" status, city residents voted to opt back in to PERA.
Petitions for recognition by mutual consent are a type of representation petition
filed where the employer consents to the labor organization's exclusive representation of
a particular unit of employees. There were no petitions for recognition by mutual consent
filed in 2017.
Unit amendment petitions are filed to change the unit's name, affiliation, site, or
location. There were no unit amendment petitions filed in 2017.
REPRESENTATION PETITIONS FILED 2
Employer
State 0
Municipalities 2
Public Schools 0
Railroad 0
Type
To certify a new unit 2
To decertify the unit 0
To change representatives 0
Page 11
Annual Report 2017
To amend certificate 0
Hearings conducted 2
Petitions that proceeded to election 3
Mutual Consent Petitions certified 0
STRIKE CLASS PETITIONS (AS 23.40.200; AS 42.40.850)
Under the Public Employment Relations Act (PERA), the Agency hears disputes
about strike classifications and impasse matters. Strike classification is important to
employees and employers because it essentially determines whether employees have the
legal right to strike. PERA divides public employees into three separate classes for
purposes of authorization to strike. Class I's, such as police and fire fighters, are
prohibited from striking. Class II's, such as snow removal workers, may strike for limited
periods of time until a court determines that public safety and health are affected. Class
III's, which include a wide range of public employees,have a broad right to strike.
There was one strike class petition filed in 2017. In this case the University of
Alaska and United Academics, AAUP/AFT jointly requested the appointment of a
mediator due to impasse. Parties participated in mediation and were able to agree on a
tentative agreement that was ratified by the bargaining unit members and the case was
dismissed.
STRIKE PETITIONS FILED 1
Employer
State 0
Municipalities 0
Public Schools 1
Railroad 0
Hearings Conducted 0
UNIT CLARIFICATION AND UNIT AMENDMENT PETITIONS (8 AAC 97.050)
Unit clarification (UC) and unit amendment petitions are filed to resolve disputes
over unit composition. An employer's reorganization of its staff's duties, or adding or
eliminating positions can raise a question of the appropriate bargaining unit for the
positions. Representation may not be an issue in a unit clarification petition, and unit
issues that arise in the process of handling a representation petition are not counted here.
Page 12
Annual Report 2017
In 2017, four new unit clarification petitions were filed and all four were resolved.
Investigation in two of the cases found that there was no reasonable cause to believe that
a question of unit clarification existed, and the petitions were dismissed, one unit
clarification case was dismissed due to insufficiency and the remaining case was settled
or withdrawn by the parties.
UNIT CLARIFICATION PETITIONS FILED 4
Employer
State 2
Public Schools 1
Municipalities 1
Railroad 0
Investigations 2
Hearings conducted 0
Page 13
•
Annual Report 2017
UNFAIR LABOR PRACTICE CHARGES (AS 23.40.110; AS 42.40.760)
Employers, labor organizations, or individual employees may file unfair labor
practice (ULP) complaints (charges). Types of charges against employers include
retaliation for union membership or exercise of employee rights, coercion, domination or
interference with an organization, and bad faith bargaining. Charges against unions
include coercion, bad faith bargaining, dues disputes, and interference with the
employer's selection of its own representative for collective bargaining or adjustment at
grievances.
Unfair labor practice filings in 2017 decreased 46% from those filed in 2016.
(See "CASES FILED" page 7 for longer-term trends). Of the 7 charges filed, 72%
concerned bad faith bargaining, 14 were duty of fair representation charges, and 14%
concerned domination or interference with formation, existence or administration of a
union,
The Agency ranks ULP's by level of priority for determining which cases are
investigated first. For example, disputes that affect a large number of employees usually
receive high priority. There was one high priority ULP case filed in 2017. In the 2017
case, a unit of employees represented by International Brotherhood of Electrical Workers
at the City and Borough of Wrangell went on Strike, alleging the City and Borough of
Wrangell had engaged in bad faith bargaining. Ultimately the parties settled their dispute
and the charge was withdrawn.
While priority ranking affects which cases are investigated first, the nature and
complexity of a ULP case and the extent of the parties'cooperation affect the time it takes
to complete ULP investigations. The Agency's ability to timely complete investigations
is also affected when case filings rise significantly, or other workload components such
as elections, or conducting hearings take priority.
During 2017, the Agency completed one ULP investigation in an average of 10
days, a 93% decrease in completion time over 2016's average of 145 days. (See
"TIMELINESS"page 18). This investigation was a normal priority. Parties often request a
case be put on hold as they attempt to reach settlement as was the case for many open
ULP's in 2017. In 2017, eleven ULP cases were settled with informal resolution which
negated the need for a full investigation. (See "Unfair Labor Practice Charges Filed-
Other resolution"page 15). A case may also be put in abeyance because jurisdiction may
lie in the appellate courts. The agency's hearing officer also conducts formal and
informal mediation which can result in settlement of unfair labor practices. There were
no mediations conducted in 2017.
If the investigating hearing officer finds there is probable cause that a ULP
violation occurred, and informal resolution is unsuccessful, the case is scheduled for
hearing. (Note that some cases scheduled for hearing will resolve prior to hearing.)
Page 14
Annual Report 2017
Hearings may be oral or be based upon the written record. In one case, the parties agreed
to have the board decide the matter on the written record. By comparison, there was one
hearing in 2016, where the parties agreed to consolidate two cases for hearing purposes,
and heard both cases in one day, one hearing in 2015, one lengthy four-day hearing in
2014, no ULP hearings in 2013, and three ULP hearings in 2012.
UNFAIR LABOR PRACTICE CHARGES FILED 7
Employer
State 1
Municipalities 2
Public Schools 4
Railroad 0
Type
Arbitration related 0
Bad faith bargaining 5
Retaliation 0
Interference with protected rights 1
Domination or interference(a)(2) 0
Union duty of fair representation 1
Employer action without bargaining 0
Information request 0
Scope of bargaining 0
Weingarten 0
Discrimination 0
Impasse 0
Other 0
Unilateral 0
Investigations 1
Hearings conducted 1
Other resolution
Dismissals (no probable cause) 0
Deferrals to arbitration 0
Settled or withdrawn 9
Dismissed, inaction 1
Dismissed, final order 0
Dismissed, Insufficient 1
Remand 0
Other 0
Page 15
Annual Report 2017
COMPARISON BY ULP COMPLAINANT
2013 2014 2015 2016 2017
UNION 10 8 6 12 4
EMPLOYER 0 1 1 0 2
INDIVIDUAL 2 0 3 1 1
Total ULPs filed 12 9 10 13 7
Page 16
Annual Report 2017
CLAIMS FOR RELIGIOUS EXEMPTION (AS 23.40.225; AS 42.40.880)
AS 23.40.225 and AS 42.40.880 allow a public employee to seek an exemption
from union membership or agency fee payment on the basis of bona fide religious
convictions. One claim for exemption was filed in 2017, the first filed since 2014.
CLAIMS FOR RELIGIOUS EXEMPTION FILED 1
Employer
State 0
Municipalities 0
Public Schools 1
Railroad 0
Hearings conducted 0
PETITIONS TO ENFORCE THE COLLECTIVE BARGAINING AGREEMENT
(AS 23.40.210; AS 42.40.860(b); 8 AAC 97.510)
The Agency has statutory authority to enforce the terms of a collective
bargaining agreement. All agreements must contain a grievance/arbitration procedure,
which the parties must exhaust before filing a petition to enforce the agreement (CBA).
There were five CBA petitions filed in 2017 compared to four filings in 2016, and
zero filings in 2015.
CBA PETITIONS FILED 5
Employer
State 3
Municipalities 0
Public Schools 0
Railroad 2
Hearings conducted 0
Page 17
Annual Report 2017
TIMELINESS
ELECTIONS
NUMBER OF DAYS TO CERTIFICATION OF ELECTION.
100- /
90- / / / /
80
70�
60�
03 50
-° 40
30-7z
10
0 /s / / /
2013 (0) 2014 (2) 2015 (1) 2016 (2) 2017 (3)
year(number of cases)
UNFAIR LABOR PRACTICE INVESTIGATIONS
NUMBER OF DAYS TO CONCLUSION OF INVESTIGATION.
160-/
140-7 ,imw'7
120-r
100- / /
80-7
60
40-V
20� _,S�
2013 (5) 2014 (9) 2015 (4) 2016 (7) 2017 (1)
year(number of investigations concluded)
Page 18
Annual Report 2017
DECISION AND ORDERS
NUMBER OF DAYS FROM CLOSING OF RECORD TO DECISION
200J f
—1111
1807/
160-7
140-7
w 120-
R 1007/
807 .L7 /
60�
40-77 _�
20J
0
2013 (4) 2014 (1) 2015 (3) 2016 (4) 2017 (4)
year(number of decisions)
In 2017, the Board met its goal of issuing 90% of decision and orders within 90 days
from record closure. The board decision and orders were issued in an average of 60 days
after record closure.
SUMMARY OF DECISION AND ORDERS ISSUED
1. Matanuska-Susitna Education Association v. Matanuska Susitna Borough
School District, Decision and Order No. 310 (ALRA February 23, 2017). The petition to
enforce contract by the Matanuska-Susitna Education Association, NEA-Alaska/NEA is
denied. The Association failed to prove the Academy Charter Advisory Board was a
public employer under the Public Employment Relations Act.
2. International Organization of Masters, Mates & Pilots, AFL-CIO;
Inlandboatmen's Union of the Pacific, Alaska Region 1, International Longshore
and warehouse Union; and Marine Engineers' Beneficial Association, AFL-CIO v.
State, Decision and Order No. 311 (ALRA April 25, 2017). The unfair labor practice
charge filed by the International Organization of Masters, Mates and Pilots, AFL-CIO;
Marine Engineers' Beneficial Association, AFL-CIO; and the Inlandboatmen's Union of
the Pacific, Alaska Region 1, International Longshore and Warehouse Union, is denied
and dismissed. The unions failed to prove that the State of Alaska committed a violation
Page 19
Annual Report 2017
by bad faith bargaining. The parties did not reach impasse until August 30, 2015, the
deadline we set if the parties could not reach agreement by then.
3. General Teamsters Local 959 v. City of Kodiak, Decision and Order No. 312
(ALRA May 30, 2017). The petition by the General Teamsters Local 959 is granted. A
law enforcement unit of approximately 35 employees at the City of Kodiak is the unit
appropriate for collective bargaining under AS 23.40.090. The City of Kodiak's request
that the board panel include one of the management members who recused themselves is
denied.
4. General Teamsters Local 959 v. City of Kodiak, Decision and Order No. 313
(ALRA May 30, 2017). The petition by the General Teamsters 959 is granted. A separate
bargaining unit of Public Works Department employees at the City of Kodiak is the unit
appropriate for collective bargaining under AS 23.40.090. The City of Kodiak's request
that the board panel include one of the management members who recused themselves is
denied.
APPEALS
Although, there was one appeal filed in Alaska Superior Court during 2017, a
total of four were recently concluded. A summary of Alaska Superior Court and Alaska
Supreme Court cases are listed below.
1. University of Alaska v. University of Alaska Federation of Teachers, Local
2404, APEA/AFT AFL-CIO and United Academics-AAUP, AFL-CIO, Decision and
Order No. 301 (ALRA December 18, 2013). Appealed to Alaska Superior Court on
January 17, 2014; Appealed to Alaska Supreme Court on March 11, 2016. Order
issued January 18, 2018 by Alaska Supreme Court. The University of Alaska filed a
petition to clarify the unit boundaries and composition of the full-time faculty bargaining
units represented by the University of Alaska Federation of Teachers (UAFT) and United
Academics (UNAC). UAFT was the former community college union that represented
faculty who taught lower division courses or in programs that lead to associate's degrees
and certificates (such as in welding and surveying). UAFT was formed in 1973.
Through the ensuing decades, some UAFT faculty occasionally taught upper division
courses.
In 1996, UNAC was created and certified. UNAC's unit description provides that
it represents all full-time faculty not represented by UAFT. Eventually, a rift developed
between UNAC and UAFT primarily because UNAC believed it should have all faculty
teaching upper division courses in its unit. UAFT disagreed, contending that its
collective bargaining agreement with the University allows its faculty to teach upper
division courses, if its faculty member and the University agree in writing.
Page 20
Annual Report 2017
The parties' dispute arose in the early 2000's and continued off and on until 2008,
when the University filed a petition for clarification of unit boundaries and unit
composition. After numerous attempts through the years at mediation and settlement, the
parties went to hearing. The hearing lasted three weeks. The parties filed exhibits and
pleadings totaling 7,500 pages, and 44 witnesses testified.
At hearing, the University contended that due to the evolution and expansion in
some course programs (such as those formerly offering only lower division courses or
certificates but now offering upper division courses that lead to bachelor's and graduate
degrees), faculty teaching in these programs should be placed in UNAC. UNAC agreed
with the University's contention.
UAFT disagreed with the University and UNAC. UAFT contended that UNAC
should get all faculty who have a research component in their caseload and UAFT should
get all faculty teaching bipartite (two-part) caseloads. This would result in a dramatic
shift in the units' compositions.
The ALRA Board ultimately concluded that changed circumstances since
certification of the units, including course evolution, change in university structure and
technology (such as distance learning), and the merger of the community college system
into the University system, resulted in substantial changes that justified clarifying the unit
boundaries and descriptions of the two bargaining units. The Board found the current
units inappropriate and modified the unit descriptions by applying the factors in AS
23.40.090.
The Board determined that the units should be modified so UNAC includes
'academic' faculty who teach courses that lead to bachelor's and graduate degrees, and
those who engage in research. UAFT's unit under the modified unit description includes
all faculty who teach in vocational technical programs that lead to certificates or
associate's degrees as part of their workload.
UAFT subsequently appealed the Board's decision to the Alaska Superior Court.
(3AN-14-04472 CI). On February 11, 2016, Superior Court Judge Andrew Guidi
affirmed the Board's decision. UAFT filed an appeal to the Alaska Supreme Court on
March 11, 2016. On June 16, 2016, the supreme court granted the parties Joint Stipulated
Motion for Order Extending Time for Filing of Briefs stating that the parties are having
ongoing discussions in an attempt to reach a settlement of their dispute, and they believe
that they will be able to resolve the dispute. After the parties settlement negotiations had
broken down the court reinstated a briefing schedule which was again stayed until
February 12, 2018. The parties' settlement agreement was in regards to withdrawal of the
appeal and implementation of ALRA's Decision and Order No. 301. On January 12,
2018, the parties agreed to a Stipulation for Dismissal and was granted by the supreme
court in Case No. S-16243 on January 18, 2018. Due to the parties' settlement agreement
a Certification of Representation Resulting from Mutual Consent Petition was issued on
April 11, 2018.
Page 21
Annual Report 2017
2. Public Safety Employees Association, AFSCME Local 853, AFL-CIO v. City of
Fairbanks, Decision and Order No. 305 (November 24, 2015). Appealed to Alaska
Superior Court on December 9, 2015; Appealed to Alaska Supreme Court on
October 19, 2016. Decision issued on June 15,2018 by Alaska Supreme Court.
In this unfair labor practice dispute, the Public Safety Employees Association
(PSEA) alleged that the City of Fairbanks committed an unfair labor practice when the
Fairbanks City Council ratified the parties' tentative collective bargaining agreement,
then reversed its decision and rejected the agreement more than two months later. PSEA
argued that the parties had a binding and enforceable agreement after the City initially
ratified the agreement. The City denied any wrongdoing and contended that its ultimate
rejection of the agreement was valid. A majority of the board panel concluded there was
an unfair labor practice violation.
During the negotiating process, the City's negotiating team would take monetary
agreements it reached to the City Council for approval. Only after approval would the
City then tentatively agree (TA) to the item. PSEA called this "pre-approving" the
monetary terms.
After the parties agreed on all monetary and non-monetary terms, the City's
Mayor presented the collective bargaining agreement to the City Council for approval at
a public meeting. The Mayor advocated approval of the agreement. After taking public
testimony and discussing the matter at a publicly scheduled meeting, the City Council
voted to ratify the agreement.
Two days later, a council member requested reconsideration of the vote to ratify
the agreement. The mayor denied the request because he said that under the rules, the
request was made more than 24 hours after the meeting. Two weeks later, the city
councilman requested suspension of the rules for the purpose of reconsidering the
ratification vote. The council members voted in favor of suspension of the rules.
The reconsideration was then taken up at a council meeting two months later.
After again taking testimony and discussing the matter, the City Council voted to reject
the tentative agreement. PSEA then filed an unfair labor practice complaint.
The Board majority found that the City committed an unfair labor practice
violation. The Board concluded first that because of the City Council's active
involvement in negotiations, its actions should be considered in determining whether a
violation occurred. The Board concluded that the City Council invoked unusual
procedures and then, "by striking a deal, ratifying that deal, and then stringing out and
delaying the reconsideration process to ultimately attempt to deny PSEA its due, the City
violated the duty to bargain in good faith. . . ." The majority ordered the City to execute
the original contract it ratified at its council meeting on August 25, 2014.
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Annual Report 2017
The dissent concluded the City Council was a legislative body and not a "public
employer," and that without specific statutory authority, legislative bodies are outside the
purview of this board's authority. Second, the dissent asserted that even if the board did
have jurisdiction, PSEA failed to prove its case. The dissent would dismiss the unfair
labor practice complaint on these bases and order the parties back to the bargaining table.
The City appealed the Board's decision. Alaska Superior Court Judge McConahy
affirmed most aspects of the decision, and the City appealed the judge's decision to the
Alaska Supreme Court on October 19, 2016.
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 Decision and Order No. 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.
3. Kodiak City Employees' Association, General Teamsters Local 959,
International Brotherhood of Teamsters v. City of Kodiak, Board Order Affirming
Dismissal of Appeal (December 5, 2016). Appealed to Alaska Superior Court on
January 6, 2017. Decision Affirming Final Judgment of the Alaska Labor Relations
Agency issued by the Alaska Superior Court on August 24, 2017.
Kodiak City Employees' Association, General Teamsters Local 959, International
Brotherhood of Teamsters (KCEA) alleges that the City of Kodiak fired an employee for
helping to organize KCEA and for helping to organize and initiate a ballot initiative to
allow the City of Kodiak to opt back in to PERA.
Hearing Officer Thomas found that the City of Kodiak lawfully opted out of
PERA, and ALRA had no jurisdiction to hear the complaint. Notice of Dismissal with
appeal rights was issued on September 7, 2016. On September 19, 2016, KCEA, General
Teamsters Local 959, International Brotherhood of Teamsters (Kimberly Dolph) filed a
request that the Board review the dismissal. The City of Kodiak filed an opposition to
the request for review. KCEA filed a Reply. An Order Affirming Dismissal of Appeal
was issued by the ALRA board on December 5, 2016. This final order was appealed to
superior court by the General Teamsters on January 6, 2017 in 3AN-17-04079C1. On
August 24, 2017, the superior court issued its "Decision Affirming Final Judgment of the
Alaska Labor Relations Agency."
4. International Brotherhood of Electrical Workers, Local Union 1547 v.
Fairbanks Natural Gas, Board Order on Motion to Dismiss (July 7, 2017). Appealed
to Alaska Superior Court on August 4, 2017. Order Dismissing Administrative
Appeal issued July 17,2018.
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Annual Report 2017
The fourth recently closed appeal was filed by Fairbanks Natural Gas in superior
court on August 4, 2017, and involved a case filed by International Brotherhood of
Electrical Workers who wanted to certify itself as the exclusive representative of a unit of
employees at Fairbanks Natural Gas. This case concerned the Agency's jurisdiction and
the determination of Fairbanks Natural Gas as a political subdivision of the State
pursuant to AS 23.40.250(7). The superior court issued an Order Granting Motion to
Stay Proceedings on December 26, 2017, and on July 10, 2018, the International
Brotherhood of Electrical Workers, Local 1547 withdrew its representation case pending
before the Agency. The superior court issued an Order on July 17, 2018 dismissing the
administrative appeal in 3 AN-17-8359 CI.
OTHER AGENCY BUSINESS
The Agency conducted one business meetings during 2017.
LEGISLATION
The Agency did not propose legislation for consideration by the Governor in
2017, and no legislation was enacted that affected the Agency.
REGULATIONS
Agency regulations appear in 8 AAC 97.010 -- 8 AAC 97.990. Copies are
available upon request. The Board did not propose or adopt any new regulations during
2017.
BUDGET
The Agency budget has been very lean and has become more so with the recent
legislative emphasis on reduction of unrestricted general funds (UGF). The principal
component in the budget is the wages and benefits for the three full-time staff members.
Along with reduced staffing and budget limitations, the Agency is implementing
streamlined procedures when possible to stay abreast of its caseload while assuring due
process. To minimize costs, the Agency schedules in-person hearings in Anchorage
when possible, schedules multiple hearings on successive days, and relies on telephone
conferences for persons participating outside the Anchorage area. The Agency also hears
disputes for decision on the written record where appropriate. However, board members
strongly believe that in-person hearings are the best way to conduct hearings. They
prefer in-person hearings so they have the opportunity to listen to and question witnesses
face-to-face, to judge witness credibility in person, and to give the parties the opportunity
to see who is deciding their case. The board believes it is important to participate in
continuing education and keep board members and agency staff skills current.
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Annual Report 2017
The Agency has saved budget costs by conducting elections by mail ballot,
thereby avoiding travel costs and loss of productive employee time during travel.
FISCAL YEAR 2018
TOTAL 538.6
Personnel 391.9
Travel 36.3
Services 77.8
Commodities 32.6
SUMMARY OF SERVICES AVAILABLE
Requests for services can be made either personally at the Agency's office in
Anchorage, by telephone at 907.269.4895, by fax at 907.269.4898, or by e-mail to
labor.relations@alaska.gov, unless otherwise indicated.
Board decisions.
Board decisions from 1973 to present are now available for download from the
Agency's web site. Also available is a cross-reference list of Agency cases
appealed to the Alaska Superior and Supreme Courts. Board decisions are also
available by request from the Agency electronically or in hard copy by mail.
Parties may pick up copies at the Agency office.
Business meetings.
The Board conducts business meetings at 3301 Eagle Street at the Department of
Labor building in Anchorage. A meeting agenda is available upon request to the
Agency two weeks before the meeting. The Agency can accommodate requests
to participate at the meeting by telephone. Such requests should be made seven
days before the scheduled date for the meeting.
Facsimile filings.
The Agency will accept filing by fax, but the person filing by fax must still mail
or personally serve the required number of copies of the document upon the
Agency.
Filings.
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Annual Report 2017
The Agency maintains a record of all filings. The record is available for review in
the office of the Agency, or by telephone at 907.269.4895.
Forms.
The Agency has forms available to assist persons filing unfair labor practice
charges, representation petitions, petitions for recognition by mutual consent,
claims for religious exemption, petitions for unit clarification, and petitions to
enforce the collective bargaining agreement. Parties are not required to use
Agency forms, but the forms are provided for the convenience of the public.
Persons can pick up these forms at the Agency's office or by telephoning
907.269.4895. In addition, the forms are available for download from the
Agency's web site at http://www.labor.alaska.gov/laborr/forms.htm.
Information.
Staff members are available between the hours of 8:00 a.m. and 4:30 p.m. to
answer questions about Agency process and procedure.
Library.
The Agency maintains a non-circulating library of labor relations texts. The
library is open for public use. Please call the office to arrange your visit.
Mediation.
Agency staff members are available to answer questions about the mediation
process and Agency mediation services. Parties interested in mediation may
request mediation, which is conducted by the Agency's hearing officer.
Publications.
Pamphlet. The Agency publishes a pamphlet containing the laws and
regulations the Agency administers. Persons may request a copy of Pamphlet
900. The most recent pamphlet was published in July of 2007 and contains
updated state labor relations laws and regulations.
Report to Governor and the Legislature. The Agency is required to report
to the governor annually. AS 23.05.370(a)(3). Copies of the annual report are
available upon request.
Representation Services pamphlet. This pamphlet is a basic description of
the Agency's representation process and is available at no charge.
Unfair Labor Practices pamphlet. This pamphlet is a basic description of
unfair labor practices and related Agency proceedings. The pamphlet is
available at no charge.
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Annual Report 2017
Speakers.
Agency staff members are available to speak to groups about the Agency, its
programs, and topics on labor relations.
Electronic copies of agency proceedings.
Copies of CD's of Agency case proceedings are available upon request. Please
call Agency staff to arrange copying. Generally, there is no charge if the
appropriate type and number of CD's are provided.
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