WPEA and KRL met for 18 hours over a three day period to bargain the closure of the Bainbridge Island branch. The Employer took multiple positions that were illegal and will require formal filings.

First, the Library stated that they did not believe that they had a bargaining obligation over the closure of a branch. They argued that the Union had waived their right to negotiate this closure when we agreed to the “emergency closure language” in the contract. This is a position that has already been litigated through the appropriate jurisdictional authorities – the Public Employment Relations Commission (PERC). WPEA provided a decision in which the State took a similar position and lost that case on appeal. Despite that, the Library continues to contend that the Union has waived their right to negotiate.

Second, when we began our first day of negotiations, Heather Cottier, Labor Relations Manager, committed to paying members who participated in bargaining. WPEA, in an abundance of caution, made sure to clarify that this was not limited to members who were otherwise scheduled to work – the Library reiterated that they would pay any BI branch staff to attend. At the conclusion of the second day of bargaining, the Library asserted that their commitment to pay members who participated in bargaining was conditional upon coming to an agreement. WPEA learned that the Library removed hours that were reported by members who participated on Friday. This is bad faith and essentially regressive bargaining – the Employer cannot agree to do something and then later condition it upon the Union’s agreement to conclude our demand to bargain.

Third, the Library maintains that the BI branch closure is an “emergency” despite the policy requiring that it be an unplanned/unforeseen circumstance. WPEA has received the communication surrounding the “solar panel installation project” and Bainbridge Public Library (BPL), who owns the building, provided months of notice to KRL. KRL was the one who failed to prepare for this project and failed to notify the Union that there would be impacts to members. While KRL was adamant that they “disagreed with the BPL’s characterization” of the situation and that BPL failed to provide the notice. Christi Hill, WPEA Staff Representative for KRL, spoke to the VP at BPL and they were helpful in providing more information about the communication between KRL and BPL that shows that this was a planned construction project.

Due to these issues, WPEA has no other choice but to move forward with filing an unfair labor practice (ULP) for a unilateral change in working conditions, refusal to bargain and directly dealing with our members over the closure. We will also be filing a grievance that will challenge the Library’s position that this was truly an “emergency closure.”