AoA PERT PUBLIC EMPLOYMENT RELATIONS COMMISSION -——DONOTWATE WHS EPAEE. ‘Set 112 Hore SeuBLNE, Sto S0O, Olympia, WA 3808 ‘Nall POBox 0318, Oympi, Wa Beso c818 Prone: (980) 570.7300 Fax (86) 8707334 Eel Minggpercwa. gov COMPLAINT CHARGING UNFAIR LABOR PRACTICES D1 Amerded Complaint in Ce ‘aaa eae ls: Cop 1068, 50-06 wn 3-45 WAC, “{ PARTIES he conptahan wer igonarcthn cond ter psa van ft lect sae Wing, ‘CONTACT PaRGOM Bats Gre, Senne pooness Ent igoiedlen male cua —— EPRESENTATIWE J cory. stare, 2 Federal Way, WA BAGO —— "TELEPHONE 25330-6705, 2 ALLEGED VIOLATIONS) cae a na a [Zleurcover wteneeneNce WH EMPLOYEE GTS [Rleurcover oounaTion ok AssieraNce OF uNoN [Zeurcoveroscamnarion [Dleursoveroiscrmnarion rox Uno cHaRces [Blewrrovernerusa ro wencan Kwon nremrenece wi ENROVEE RTS [oon novone euetore ro com wotanion [Blown otscraunarin FoR FN cHAROES [Down nerusn 0 BaRGAN eeolan rd sony tate ow soe! ached thm) ‘Tr STATEMENT OF FACTS aaa spi aae ong |) fee ea oe cee ane fea ea te thorn rege. pe par ecarncos ursawe pope “T_REMEDY REQUESTED smoa ipome eos mtig | i BARGAINING UNT 2c ° a onaaterersisptome [spin incvest Os unarmaae | Appear within CBA at Ane Sesion 1 ‘etter Avrearenn ha sepse Seed te wt pace peta pd and ne pees ee snl rece oo (6. AUTHORIZED SIGNATURE FOR COMPLAINANT le Mate‘StaTEMENT oF Facts Case No. 0-08. 1. 1, Mike McNett, am employed as a UniServ Representative by the ‘Washington Education Association, 2, The Kent Education Association (KEA') is recognized as the exclusive representative of all certificated personnel employed by the Kent School District. 3.1 represent, and have represented, the KEA (aflliated with the Washington Education Association and the National Education Association) Guring collective bargaining with the Kent School District (KSD") and on all ‘matters relevant to this Complaint. 4, The KSD and the KEA are parties to a collective bargai ing agreement, (CBA) with a stated duration from September 1, 2006 through August 31, 2009. Copy attached. 1 SUBCONTRACTING BARGAINING UNIT WORK. 5. In July 2007, 1 learned that the KSD was fillng a number of vacant bargaining unit positions by entering into independent contracts with outside employment agencies. 6. The bargaining unit positions that had been subcontracted during school year 2006 - 2007 included psychologists, nurses, physical therapists, occupational therapists, speech language pathologists, and special education teachers, ‘Statement of Facts (December 4, 2008) Kent caucaton Aesocation v. Kent School District Gate No. -U-08- Page 10f 17. The KEA grieved the practice under CBA language that placed a limit on. the degree of extra-unit contracting the District could divert to these independent agencies, based upon the District's expanded reliance upon subcontracted personnel to perform bargaining unit work. 8. On October 22, 2008, Arbitrator David Suteler ruled that the District violated the CBA language that limited subcontracting during school year 2007-08, and ordered them to cease the practice beginning in 2009-2010 (beyond the expiration date of the CBA). 9. In School Year 2008-09, the District continues on a monthly, weekly and even daily basis to subcontract bargaining unit work to employees placed by outside agencies at a significant level of full-time equivalent (FTE) duties and responsibilities. 10. _In doing so the District has committed an unfair labor practice n. UNRESPONDED TO LATE REQUESTS FOR INFORMATION ‘A. “ONE-T0-oNE” LaProp PROGRAM ~ IMPACT ON WORKLOAD & TEACHING Dons 11, The voters of Kent School District passed a levy approving funds for technology improvements in instructional programs 12, Im May 2008, the District's Superintendent announced that a program providing computers to seventh grade students would be implemented beginning with the 2008-09 School Year. Statement of Facts (December 4, 2008) Kent Education Associaton v. Kent Schol Dstt Case no. 0-0 Bage 2 of 19