WPEA sues state over contract negotiations

Lawsuit alleges bad faith bargaining and misinterpretation of collective bargaining laws by the state

OLYMPIA, WA (November 25, 2024) — The Washington Public Employees Association (WPEA/UFCW Local 365) has filed a lawsuit against the State of Washington and several community colleges, accusing them of bad faith bargaining in negotiations for the 2025-2027 public employee contracts.

On November 22, 2024, WPEA filed an unfair labor practice complaint in Superior Court, citing the state’s refusal to engage in expedited bargaining. The union is now seeking a declaratory judgment and plans to file for a preliminary injunction this week, which would compel the Office of Financial Management (OFM) to resume negotiations for a full biennial contract.

The dispute stems from a breakdown in negotiations after WPEA members overwhelmingly rejected the state’s proposed contracts earlier this year. Under state law, public sector unions must approve a new contract by Oct. 1 in order to have funding of that contract considered in the governor’s budget. WPEA members — thousands of state agency and community college employees throughout Washington — rejected a contract proposal in late September, with workers instead sending the bargaining team back to the table to negotiate raises that reflect the skyrocketing cost of living.

WPEA members rallying for a fair contract in September. Photo: WPEA via Facebook

Now, the union believes that the state and colleges, through the OFM, are refusing to meet their legal obligations to negotiate a full, two-year contract.

“OFM has repeatedly failed to take the needs and aspirations of state employees into account in bargaining and relied on its mischaracterization of the implications of the October 1 “deadline” to coerce employees to accept subpar contracts,” said WPEA President Amanda Hacker. “WPEA seeks to end that practice with this suit.”

Per WPEA attorney Kathleen Phair Barnard, a September 2024 letter from OFM Director Pat Sullivan warned that failing to reach an agreement by October 1, 2024 would prevent the state from seeking legislative approval for a full two-year contract. Instead, OFM has attempted to limit bargaining to cover only the second year of the biennium, beginning July 1, 2026.

Barnard called this position “counter-productive” and said that the OFM was misinterpreting Washington’s collective bargaining laws. She explained that these laws require the state to negotiate for a full biennial contract, regardless of missed deadlines, and that the OFM’s refusal to bargain for the 2025-2026 period violates both statutory obligations and established practices.

Photo: WPEA via Facebook

However, OFM has maintained that it lacks the authority to negotiate or propose terms for fiscal year 2026, a stance that WPEA argues contradicts state law and previous practices, where similar situations were resolved through supplemental legislative action.

“This lawsuit is not just about missed deadlines,” said WPEA attorney Kathleen Phair Barnard. “It’s about the state’s duty to bargain in good faith and to respect the democratic decision of our membership.”

The union believes OFM’s legal stance and practices during bargaining have hurt the state’s ability to provide effective public services.

“Our members are struggling, whether they’re wildland firefighters or college custodians. Meanwhile, the agencies they work for are having a hard time recruiting and retaining folks,” said WPEA President Amanda Hacker. “That crisis won’t get any better unless OFM can come to the table in good faith and negotiate a contract that our members can ratify.”