Washington Public Employees Association Files Lawsuit Against State Over Contract Negotiations
Olympia, WA – November 22, 2024 – The Washington Public Employees Association (WPEA) announced today that it has filed a lawsuit against the State of Washington, and several Community Colleges accusing them of bad faith bargaining in negotiations for the 2025-2027 public employee contracts. The WPEA represents thousands of state agency and community college employees throughout Washington.
The dispute stems from a breakdown in negotiations after WPEA members overwhelmingly rejected the state's proposed contracts earlier this year. The union claims that the state and the colleges, through the Office of Financial Management (OFM), are refusing to meet their legal obligations to negotiate a full, two-year contract. Instead, OFM has attempted to limit bargaining to cover only the second year of the biennium, beginning July 1, 2026.
Key Issues
In a letter dated November 18, 2024, to Assistant Attorney General Margaret McLean, WPEA attorney Kathleen Phair Barnard condemned the OFMs handling of the negotiations. She pointed to a September 2024 letter from OFM Director Pat Sullivan, which warned that failing to reach an agreement by October 1, 2024, would prevent the state from seeking legislative approval for a full two-year contract. Instead, Sullivan indicated that the OFM would pursue only a one-year General Government and Higher Education contracts beginning in 2026.
Barnard called this position “counter-productive” and said that the OFM was misinterpreting Washington’s collective bargaining laws. She explained that these laws require the state to negotiate for a full biennial contract, regardless of missed deadlines, and that the OFM's refusal to bargain for the 2025-2026 period violates both statutory obligations and established practices.
History of Missed Deadlines
The situation escalated after WPEA President Amanda Hacker's October 1, 2024, letter to OFM, in which the union reaffirmed its rejection of the state's proposed agreements and demanded that negotiations resume for a full two-year contract. However, OFM has maintained that it lacks the authority to negotiate or propose terms for fiscal year 2026, a stance that WPEA argues contradicts state law and previous practices, where similar situations were resolved through supplemental legislative action.
Legal Action
On November 22, 2024, WPEA filed an unfair labor practice complaint in Superior Court, citing the state's refusal to engage in expedited bargaining. The union is now seeking a declaratory judgment and plans to file for a preliminary injunction next week, which would compel OFM to resume negotiations for a full biennial contract.
"This lawsuit is not just about missed deadlines," said WPEA attorney Kathleen Phair Barnard. "It’s about the state's duty to bargain in good faith and to respect the democratic decision of our membership."
Impact of OFM’s Actions on State Workforce and Public Services
OFM’s legal stance and practices during bargaining have hurt the state’s ability to provide effective public services. "Our members are struggling, whether they're wildland firefighters or college custodians. Meanwhile, the agencies they work for are having a hard time recruiting and retaining folks,” said WPEA President Amanda Hacker. “That crisis won’t get any better unless OFM can come to the table in good faith and negotiate a contract that our members can ratify.”
“OFM has repeatedly failed to take the needs and aspirations of state employees into account in bargaining and relied on its mischaracterization of the implications of the October 1 “deadline” to coerce employees to accept subpar contracts. WPEA seeks to end that practice with this suit.”
Neither the Office of Financial Management nor the Attorney General’s Office has issued a public statement in response to the lawsuit threat.
Olympia, WA – November 22, 2024 – The Washington Public Employees Association (WPEA) announced today that it has filed a lawsuit against the State of Washington, and several Community Colleges accusing them of bad faith bargaining in negotiations for the 2025-2027 public employee contracts. The WPEA represents thousands of state agency and community college employees throughout Washington.
The dispute stems from a breakdown in negotiations after WPEA members overwhelmingly rejected the state's proposed contracts earlier this year. The union claims that the state and the colleges, through the Office of Financial Management (OFM), are refusing to meet their legal obligations to negotiate a full, two-year contract. Instead, OFM has attempted to limit bargaining to cover only the second year of the biennium, beginning July 1, 2026.
Key Issues
In a letter dated November 18, 2024, to Assistant Attorney General Margaret McLean, WPEA attorney Kathleen Phair Barnard condemned the OFMs handling of the negotiations. She pointed to a September 2024 letter from OFM Director Pat Sullivan, which warned that failing to reach an agreement by October 1, 2024, would prevent the state from seeking legislative approval for a full two-year contract. Instead, Sullivan indicated that the OFM would pursue only a one-year General Government and Higher Education contracts beginning in 2026.
Barnard called this position “counter-productive” and said that the OFM was misinterpreting Washington’s collective bargaining laws. She explained that these laws require the state to negotiate for a full biennial contract, regardless of missed deadlines, and that the OFM's refusal to bargain for the 2025-2026 period violates both statutory obligations and established practices.
History of Missed Deadlines
The situation escalated after WPEA President Amanda Hacker's October 1, 2024, letter to OFM, in which the union reaffirmed its rejection of the state's proposed agreements and demanded that negotiations resume for a full two-year contract. However, OFM has maintained that it lacks the authority to negotiate or propose terms for fiscal year 2026, a stance that WPEA argues contradicts state law and previous practices, where similar situations were resolved through supplemental legislative action.
Legal Action
On November 22, 2024, WPEA filed an unfair labor practice complaint in Superior Court, citing the state's refusal to engage in expedited bargaining. The union is now seeking a declaratory judgment and plans to file for a preliminary injunction next week, which would compel OFM to resume negotiations for a full biennial contract.
"This lawsuit is not just about missed deadlines," said WPEA attorney Kathleen Phair Barnard. "It’s about the state's duty to bargain in good faith and to respect the democratic decision of our membership."
Impact of OFM’s Actions on State Workforce and Public Services
OFM’s legal stance and practices during bargaining have hurt the state’s ability to provide effective public services. "Our members are struggling, whether they're wildland firefighters or college custodians. Meanwhile, the agencies they work for are having a hard time recruiting and retaining folks,” said WPEA President Amanda Hacker. “That crisis won’t get any better unless OFM can come to the table in good faith and negotiate a contract that our members can ratify.”
“OFM has repeatedly failed to take the needs and aspirations of state employees into account in bargaining and relied on its mischaracterization of the implications of the October 1 “deadline” to coerce employees to accept subpar contracts. WPEA seeks to end that practice with this suit.”
Neither the Office of Financial Management nor the Attorney General’s Office has issued a public statement in response to the lawsuit threat.
November 18th Letter to OFM:
November 22 Lawsuit Filing:
2024 Bargaining continues... The bargaining teams need your support!
- On Wednesday We Wear Blue – WPEA Blue if you have it, sky blue, navy blue, Seahawks blue, any blue will do.
- Attend UNITY meetings on Wednesday: noon, 5pm and/or 6pm
- Stay up to date
