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

alleged failure to follow progressive discipline procedures, its alleged failure to notify

Ms. Easterling of her rights under the Family Medical Leave Act (FMLA), 29 U.S.C.

§§ 2601-2654, and alleged procedural irregularities. Like the original grievance, the

remedy requested by the amended grievance was that an arbitrator grant Ms. Easterling

another year of provisional status.

On September 14, Mr. Boyer, again acting on behalf of Ms. Easterling, attempted

to commence arbitration through a letter to the American Arbitration Association (AAA)

requesting a "list with appointment" for an "upcoming arbitration" between the union and

the district. CP at 157 (emphasis omitted). He did so despite his awareness that the

district disputed the arbitrability of the grievance. The AAA responded by providing the

union and the district with a list of proposed arbitrators with instructions to strike

objectionable arbitrators and rank the remaining arbitrators as part of a joint selection

process.

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

The district evidently refused to participate as a practical matter. Although our

record of communications among the parties' representatives and the AAA is incomplete,

it includes Mr. Boyer's e-mailed complaint to the district's representative that "you seem

to feel you can simply strike all names continually and continue to ignore this." CP at

161. Having realized that the district would not cooperate in selecting an arbitrator, Mr.

Boyer modified his request, asking the AAA to appoint one.

The district responded by filing a motion for temporary restraining order