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

The union nonetheless contends that the district waived its right to be free from

arbitration by participating in the AAA striking process. Waiver is the "voluntary

relinquishment of a known right." Cornerstone Equip. Leasing, Inc. v. MacLeod, 159

Wn. App. 899,909,247 PJd 790 (2011) (citing Seattle-First Nat 'I Bank v. Westwood

Lumber, Inc., 65 Wn. App. 811, 826, 829 P.2d 1152 (1992». It is an "equitable principle

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

that can apply to defeat someone's legal rights where the facts support an argument that

the party relinquished their rights by delaying in asserting or failing to assert an otherwise

available adequate remedy." Albice v. Premier Mortg. Servs. a/Wash., Inc., 174 Wn.2d

560,569,276 P.3d 1277 (2012).

The district did not waive its right to be free from arbitration. From the beginning

of Ms. Easterling's grievance procedure, the district communicated its position that the

matters raised by Ms. Easterling were not arbitrable. On the day before the step one

meeting, Mr. Boyer acknowledged as much, sending an e-mail to Mr. Perdue stating "the

district can certainly continue to assert that Nikki's grievance is somehow not arbitrable

... but if [the union] wants the matter to go to arbitration it WILL go before an

arbitrator." CP at 313 (first alteration in original).

Mr. Boyer submitted his request that the AAA commence arbitration proceedings

knowing that it was the district's position that the parties' dispute was not arbitrable. The

union cannot credibly complain that it was misled about the district's position; at most, it