Wash. Court of Appeals published opinion — 315223.cor.pdf

FILED
May 22, 2014
In the Office of the Clerk of Court
WA State Court of Appeals, Division III

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE

SPOKANE SCHOOL DISTRICT NO. 81, )
a Washington state municipal corporation, ) No. 31522-3-111
)
Respondent, )
)
v. )
)
SPOKANE EDUCATION )
ASSOCIATION, a Washington state ) UNPUBLISHED OPINION
unincorporated labor association, )
)
Appellant. )

SIDDOWAY, C.l - The Spokane Education Association is the exclusive

bargaining representative for teachers and other certificated employees of Spokane

School District No. 81. It appeals the trial court's decision enjoining its efforts to

arbitrate a grievance that it filed against the district on behalf of a school counselor who

was then a provisional employee, after the district decided not to renew her contract. We

agree with the trial court that as framed, and given the relief requested by the grievance, it

was not eligible for arbitration under the parties' collective bargaining agreement. We

affinn.
             

No. 31522-3-111
Spokane Sch. Dist. No. 81 v. Spokane Educ. Ass'n

FACTS AND PROCEDURAL BACKGROUND

Nikki Easterling was hired by Spokane School District No. 81 and began working

as an elementary counselor at Regal Elementary in August 2010. In June 2011, after

completing her first school year in the position, Ms. Easterling and the school's principal,

Mallory Thomas, participated in a year-end review. A memorandum summarizing the

meeting states that Ms. Easterling was counseled about attendance issues. She did not

challenge the memorandum at the time.

In December 2011, Ms. Easterling participated in a meeting with Ms. Thomas and