Thurston County Superior Court Judge Richard Hicks ruled the Federation did not meet the burden of proof, but called it a close case.
Judge Hicks wrestled with Federation’s argument that the state was failing to participate in meaningful bargaining and agreed there was an inequity - adding “the employer should initiate bargaining.”
The judge implied that the implementation phase of the furlough bill, 75 days after its passage, might not provide the time necessary for meaningful bargaining of the impacts. However, “the judicial branch should be slow to interfere with the legislature and executive branch’s” attempt to implement the bills.
On the issue of injury, the judge stated “substantial, if it’s your paycheck,” and “collateral” affecting morale not only between the union and its members but also between the workforce and management. But for the injunction to be applied to stop implementation of the furloughs on July 12, there must be proof of irreparable injury and because the employee could possibly be compensated later on from the grievance and/or ULP rulings, the motion was not granted.
Thurston County Superior Court Judge Richard Hicks ruled the Federation did not meet the burden of proof, but capped his remarks off with “a ruling like this does not make me happy.”
Judge Hicks wrestled with Federation’s argument that the state was failing to participate in meaningful bargaining and agreed there was an inequity - adding “the employer should initiate bargaining.”
The judge implied that the implementation phase of the furlough bill, 75 days after its passage, might not provide the time necessary for meaningful bargaining of the impacts. However, “the judicial branch should be slow to interfere with the legislature and executive branch’s” attempt to implement the bills.
On the issue of injury, the judge stated “substantial, if it’s your paycheck,” and “collateral” affecting morale not only between the union and its members but also between the workforce and management. But for the injunction to be applied to stop implementation of the furloughs on July 12, there must be proof of irreparable injury and because the employee could possibly be compensated later on from the grievance and/or ULP rulings, the motion was not granted.
Thurston County Superior Court Judge Richard Hicks ruled the Federation did not meet the burden of proof, but capped his remarks off with “a ruling like this does not make me happy.”
Nice job WFSE. Little bit late aren't cha? Didja have fun on our dime in Boston jamming the aisles with yellow/green shirts and getting nothing done here at home? Was ANYONE surprised at the denial of this motion?
ReplyDeleteSpanks a lot. Guess I can hang out on an unpaid furlough day thanking God I don't work for the state of California. Always a silver lining.