PASD Arbitrator Ruling
The Port Angeles School District failed to fulfill its contractual obligation to consult with its office professionals’ union before implementing secretarial hour reductions tied to the 2025 budget overhaul, an independent arbitrator has determined. The decision upholds the union’s grievance and mandates future negotiations before similar work shifts out of the bargaining unit.
“I cannot find meaningful bargaining in this case,” arbitrator Kenneth James Latsch stated in his award issued July 11, addressing the dispute between the district and the Port Angeles Educational Office Professionals (PAEOP), the union covering secretarial, data processing, and accounting staff.
The ruling concludes a grievance that has been unfolding for over a year amid growing community attention to how the district manages staffing changes.
Discovery Before Board Vote
The conflict originated on May 7, 2025, when PAEOP President Anita Reynolds observed a new agenda item for the school board’s meeting the following day. Titled “Budget Development; Reduced Education Program,” it included Board RIF Resolution 2425-15, outlining staff adjustments to support a streamlined education program beginning in 2025–2026.
An appendix to the resolution outlined “Classified Staff Reductions,” specifying a two-hour cut from a Secretary (Business) role and a two-hour reduction from a Secretary (Human Resources) position.
Reynolds and fellow union member Adam Purcell subsequently met with Human Resources Director Scott Harker and other district officials after reviewing the materials. Purcell cited Article 8, Section 8.1 of the collective bargaining agreement, which obligates the district to notify the union, share seniority data, and conduct a joint review of layoff procedures whenever positions or hours under the union’s scope are scaled back.
The agreement also mandates written notification to both employees and the union at least 30 days in advance of any layoff. When asked what notice had been given, Harker referenced a brief comment by former Superintendent Martin Brewer during an April 23, 2025, union-management session—marking the only prior mention of the issue. No formal notice had been distributed.
The school board approved the changes on May 8, 2025, with the modifications set to commence September 1, 2025. PAEOP filed a Step 1 grievance eight days later, contending the district had bypassed required consultation steps. After no resolution at lower levels, the case moved to arbitration.
Latsch, jointly selected by both parties, conducted a virtual hearing on January 20, 2026, and both sides submitted written summaries afterward.
Clash Over Scope of Bargaining Obligations
The district, represented by attorney Nate L. Schmutz of Tacoma-based Vandeberg Johnson Gandara, maintained that Article 8 did not apply because no employee was fully removed from the district’s payroll. Instead, staff absorbed the reduced hours internally, and some voluntarily adjusted schedules, a point the district emphasized as distinguishing the case from formal layoffs.
PAEOP countered that the contractual language explicitly covers reductions in hours—even partial cuts—as triggers for negotiation, regardless of whether positions remain on the books.
District's Actions Deemed a Bargaining Violation
The district framed the personnel changes as voluntary moves, noting that one business department employee retired in May 2024 and another employee chose to transfer from Human Resources to a Maintenance Department role in October 2024, accepting a reduction of two hours per week. Administration further argued that such actions had occurred previously and that no breach of contract could be proven by the union.
Represented by advocacy specialist Michael Boyer, PAEOP argued that the district had effectively skimmed work from the bargaining unit. While the union acknowledged that no employees lost their jobs, it contended that the underlying tasks were stripped from the collective without proper notification or a chance to negotiate. The union's agreement clearly designates all office professional duties as unit work.
Arbitrator Latsch ruled in favor of the union. He stated that after reviewing the record and arguments, he concluded the Association's position was correct.
Although Latsch acknowledged that the personnel actions were voluntary and that the district has the right to make necessary operational decisions, he determined that such decisions still require bargaining, a process the district failed to undertake. Latsch described the district's prior comments regarding potential staff reductions at labor-management meetings as generic and not specific to any particular department or position.
Latsch noted that if the district had identified the specific roles at issue, the union would have been responsible for raising the matter, allowing both parties to engage in good-faith bargaining without either side being forced to concede. He added that such bargaining did not occur in this instance, as the district believed it had provided sufficient information while the union filed a grievance instead.
The Remedy
While the grievance was sustained, the union did not receive all requested relief. PAEOP had initially sought to cancel the reduction in force, maintain current hours and positions, and prohibit the district from unilaterally altering working conditions or outsourcing unit work. However, in its closing brief, the union conceded that reversing the personnel actions was no longer practical—a stance Latsch accepted.
The award directs the district to negotiate with the Association before any work is transferred out of the bargaining unit, whether through direct transfer or bargaining unit layoffs. Latsch stated the employer must now understand that a duty to bargain exists before any unit work is removed. He will retain jurisdiction for 60 days from the date of the decision to address any disputes regarding the remedy.
A District Under Scrutiny
The award arrives amid a turbulent stretch for Port Angeles School District leadership.
The 2025 budget adjustments currently under arbitration were implemented during Superintendent Martin Brewer’s tenure. Leadership has since shifted to Michelle Olsen, whose three-year contract for 2026 through 2029 secured board approval on June 18—the same day the board voted 4–1 to reprimand school board member Nancy Hamilton. Hamilton’s censure stemmed largely from her persistent efforts to obtain additional data and her emphasis on open governance.
Workforce reductions have continued to spark debate. In its formal censure resolution, the board noted Hamilton’s opposition to a subsequent reduction-in-force measure, which, while distinct from the 2025 changes now subject to arbitration, still drew scrutiny. Her “no” vote on trimming support staff positions resonated with residents, many of whom voiced support during public comment sessions.
Gwen Lewandowski, a paraeducator, underscored this sentiment at the censure meeting, observing that Hamilton’s stance reflected voter expectations—“exactly what the people of Port Angeles elected her to do.”
The impending arbitration decision further shapes this context: it mandates that, prior to shifting office-based professional roles out of the bargaining unit—whether via layoffs or reassignment to non-bargaining staff—the district must engage in discussions with the union.