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

statutory rights. Those sections state, in their entirety:

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I No. 3 1522-3-II1
Spokane Sch. Dist. No. 81 v. Spokane Educ. Ass'n

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Section 4 - Family Care Leave
Employees shall be allowed to use their accrued sick leave to care for
immediate family members with a health condition that requires treatment
or supervision. Immediate family is defined as parent, parent-in-law,
brother, sister, husband, wife, son, daughter, or person with whom one has
had association equivalent to these family ties.
Section 5 - Family and Medical Leave
Any eligible employee is entitled to a total of twelve (12) work-weeks of
family and medical leave during any fiscal year (September 1 - August 31),
as provided for in District Policy No. 5242, as currently revised. See
AddendumB.

CP at 96.

The right to arbitration under the CBA is limited to grievances eligible for step

four, and only contractual issues-alleged violations of "a specific term" of the CBA or

issues of contractual interpretation-fall within the CBA's definition of a "grievance."

CP at 109 (article VII, section leA)). Contrary to RAP 1O.3(a)(6), the union has failed to

provide us with a reference to the language on which it relies for a contractual dispute or

argument as to why that language supports a contractual duty of accommodation or

notification. The district pointed out the union's failure to identify a contractual basis for

a FMLA-related grievance in the trial court and the union's response to the challenge was

similarly deficient there. See CP at 228.

For both reasons, then, the trial court did not err in determining that Ms.

Easterling's FMLA-related complaint did not present a grievance that was subject to the