University of Washington, Decision 11309-B (PSRA, 2013)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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washington federation of state employees,
Complainant,
vs.
university of washington,
Respondent.
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CASE 23900-U-11-6103
DECISION 11309-B - PSRA
DECISION OF COMMISSION
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Younglove & Coker, P.L.L.C., by Edward Earl Younglove III, Attorney at Law, for the union.
Attorney General Robert W. Ferguson, by Mark K. Yamashita, Assistant Attorney General, for the employer.
On March 30, 2011, the Washington Federation of State Employees (union) filed an unfair labor practice complaint alleging that the University of Washington (employer) discriminated against an employee. On April 11, 2011, the Unfair Labor Practice Manager issued a preliminary ruling finding a cause of action for employer discrimination. Examiner Claire Nickleberry conducted a hearing and issued a decision finding that the employer discriminated against Nicole Kennedy when it disciplined her for attending a meeting between the employer and the union after calling in ill later than required.[1] On March 20, 2012, the employer appealed.
The Commission has reviewed the evidentiary record, the decision, and the parties’ briefs. The lack of credibility determinations impedes our ability to rule on appeal. We remand the case to the Examiner with instructions to enter findings as to the credibility of the witnesses, including who had authority to issue discipline and who directed the discipline. These findings should include reasons why certain evidence is not credible or relied upon in reaching the determination.
NOW, THEREFORE, it is
ORDERED
The case is REMANDED to Examiner Claire Nickleberry to enter findings of fact, including credibility determinations, and conclusions of law.
ISSUED at Olympia, Washington, this 16th day of April, 2013.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MARILYN GLENN SAYAN, Chairperson
PAMELA G. BRADBURN, Commissioner
THOMAS W. McLANE, Commissioner