Wash. Court of Appeals published opinion — 383814_pub.pdf

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The collective bargaining agreement requires at least 14 days advanced notice of the

request for religious holidays and may be denied for undue hardship.

When an employee accepts a job, they are on probationary status for 12 months.

During that time, the employee is not covered by the progressive discipline procedures of

the collective bargaining agreement. Permanent employees can bid on different positions

with different shifts and work days. Bidding for jobs is based on a seniority system under

the collective bargaining agreement. Only permanent employees outside their

probationary period can bid on different jobs. If a job does not receive bids from a

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 38381-4-III
Suarez v. State

permanent employee, the position is opened to probationary employees who may apply

for the open position. Shifts that do not work on Saturdays are more popular.

The position Suarez accepted was classified as an “emergent” position. Under the

collective bargaining agreement, the School could require an emergent employee to

report for duty on short notice within a specific timeframe outside of normally scheduled

work days and hours. In addition, the collective bargaining agreement allows the School

to require staff to work mandatory overtime under certain circumstances. The collective

bargaining agreement allows a staff member to refuse mandatory overtime up to two days

per quarter.1 Suarez refused mandatory overtime on more days than allowed by the

collective bargaining agreement for three of the four quarters she worked for the School.

She was counseled on these refusals and advised that refusing mandatory overtime could

result in additional disciplinary action, including dismissal.