A time extension sought by the borough for an ongoing legal suit it is facing with its public employees union has been granted, the Alaska Superior Court decided.
Judge Trevor Stephens on November 10 granted the extension, which the City and Borough of Wrangell (CBW) requested in response to a motion for summary judgment filed by the International Brotherhood of Electrical Workers Local 1547. The reason given for the extension was to allow the city to conduct discovery – a pretrial procedure which allows participating parties to obtain evidence from each other – and to file a formal opposition to the union’s motion.
In his decision, Stephens found that a need to conduct discovery was appropriate given the nature of the ongoing case, and while the two parties have been engaged in negotiations for some time the legal proceedings were in their “infancy.”
The issue has been ongoing since the expiration of the current collective bargaining agreement between the city and 24 workers represented by the IBEW local back in June 2014. Since then both sides have been unable to come to terms on a new agreement.
Mediation undertaken through the spring of 2015 did not resolve the dispute, with last best offers rejected by both parties that summer. Lawyers were formally involved, and discussions over use of a third-party arbitrator to settle the disagreement continued into 2016. One was identified as an agreeable selection, but disagreements over the terms and scheduling of arbitration have since led to the city’s withdrawal from that process in September.
CBW on September 8 filed a
complaint for declaratory judgment and injunctive relief with the state Superior Court, and a motion to enjoin and stay arbitration. Reviewing the case, Stephens granted expedited consideration at the city’s request the next day, with a briefing schedule and oral arguments set for Sept. 20. In addition to two unfair labor practice charges filed with the Alaska Labor Relations Agency, IBEW followed up the city’s action with a motion to compel arbitration.
The judge ruled in favor of CBW’s request to stay arbitration on September 28, finding that union-represented employees of the city were in this case not statutorily entitled to binding interest arbitration. In that order, Stephens noted the city and union are heading for potentially lengthy and expensive litigation, and that while some progress had been made between the two parties the court’s decision to stay did not preclude reaching a settlement.
On October 11, IBEW submitted a letter to the city offering to resolve the lawsuit. In the letter, union counsel Justin Roberts expressed their willingness to agree to the non-binding, “baseball interest” arbitration as requested by the city. In that scenario, the arbitrator would be limited in the offer options available to choose between, a decision which would not be binding for either party. The arrangement was not pursued, and the two parties are continuing on their current course, with the union pressing for summary judgment.
On October 14 the city filed its extension request, seeking a stay for discovery of six months from November 17, until May 17, 2017. In accepting the request, Stephens noted “CBW’s motion is denied to the extent that it seeks an extension of 180 days. It has not been shown that CBW could not conduct the necessary discovery and file an opposition within approximately 90 days, presuming IBEW cooperates by providing timely and complete discovery responses and in scheduling depositions.”
The city has until February 17 of next year to file its opposition to the union’s motion for summary judgment. Wrangell’s union-represented workers will continue to be compensated under the terms of the expired collective bargaining agreement, until a new one is agreed to.
Reader Comments(0)