Vancouver School District No. 37 v. Service Employees International Union, Local 92

906 P.2d 946, 79 Wash. App. 905
CourtCourt of Appeals of Washington
DecidedDecember 1, 1995
Docket16651-8-II
StatusPublished
Cited by12 cases

This text of 906 P.2d 946 (Vancouver School District No. 37 v. Service Employees International Union, Local 92) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vancouver School District No. 37 v. Service Employees International Union, Local 92, 906 P.2d 946, 79 Wash. App. 905 (Wash. Ct. App. 1995).

Opinions

Morgan, J.

Reversing the Public Employment Relations Commission (PERC), the superior court dismissed an unfair labor practice complaint brought against the Van[908]*908couver School District by Service Employees International Union, Local 92. The union appeals; we affirm.

Facts

Unfortunately, a long statement of facts is needed. The Vancouver School District and Service Employees International Union, Local 92, entered into a collective bargaining agreement for 1989-91. It provided for a grievance procedure. It also provided, in article V, section 2, at 13, that "[e]very effort shall be made to develop an understanding of the facts and issues in order to create a climate which will lead to a solution [of a grievance].”1

During the 1989-90 school year, Robert Wilcox was a school bus driver for the Vancouver School District. He drove students to and from Walnut Grove Elementary School and Fort Vancouver High School. He and other school bus drivers were represented by the union and its business agent, Larry Church. The district’s administrators included Robert Dolhanyk, supervisor of transportation, Michael Bruener, associate superintendent, and Dr. James Parsley, superintendent.

In October 1989, the parents of a Walnut Grove boy complained that Wilcox had grabbed him by his coat. In a subsequent meeting attended by Wilcox, Dolhanyk, and the Walnut Grove principal, Wilcox admitted the alleged conduct. Dolhanyk said Wilcox was not to grab students by the coat, and they went over the district’s "write-up process” for initiating discipline due to misbehavior on a school bus. Wilcox agreed to desist from similar action in the future.

In December 1989, the parents of a Walnut Grove girl complained that Wilcox had pushed her. When interviewed by Dolhanyk, however, she said that Wilcox had just tapped her on the shoulder with two fingers. In a meeting with Dolhanyk, Wilcox admitted the conduct, and he and Dolhanyk discussed acceptable noncontact ways of obtaining children’s immediate attention.

[909]*909On March 28, 1990, the parents of another Walnut Grove girl, then a fifth-grader, complained that Wilcox had grabbed her around the neck. According to the girl’s later testimony, she was "fooling around,” "[m]aybe a little bit,” with two of her friends.2 All three were sitting on a seat too narrow for three people. She was next to the aisle, and her two friends "were giggling and moving all over and kept pushing [her] off the seat . . . .”3 Wilcox stopped the school bus, walked back to the girl, and ordered her to take an empty seat in front of her. Although she complied, he "leaned over . . . and started talking to [her]” angrily, using profanity.4 Then, still according to the girl, "[h]e put his hands around [her] neck and started squeezing and shaking.”5 This hurt, and she started crying. When she got off, Wilcox "said something that scared [her] so [she] ran off the bus and started crying and [she] just ran home.”6

Dolhanyk met with Wilcox early in the morning on March 30. Wilcox denied the alleged conduct and Dolhanyk suspended him, with pay, pending investigation.

Wilcox sought assistance from the union, and Church spoke several times with Bruener. Church was informed that the school principal and Dolhanyk were interviewing students from the bus. On April 22, Bruener disclosed the interview results, and Church asked that additional students be interviewed. The district complied.

At a meeting on May 8, 1990, Bruener informed Wilcox and Church that the investigation had been completed, and that he would be suspended without pay from May 8 [910]*910through June 12, the last day of school.7

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Bluebook (online)
906 P.2d 946, 79 Wash. App. 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vancouver-school-district-no-37-v-service-employees-international-union-washctapp-1995.