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King County's Furlough Appeal - Denied
Judge McPhee has rejected King County's appeal of PERC's furlough decision. In a ruling issued July 27, 2011, Judge McPhee states: "The core decision for judicial review in both cases (TEA and ATU) is whether PERC correctly decided that the furlough plan was a mandatory subject of decision bargaining". He then affirms: "There was no error of law or erroneous application of the law" by PERC.
"I conclude that King County has failed to show that PERC erroneously applied the law regarding the predominant characteristics test for either appeal (TEA or ATU) and affirm the PERC on that issue".
What happens next? That depends on what King County decides to do; they can choose to pay us for the furlough days as PERC has ordered and Judge McPhee has affirmed, or they can decide to appeal Judge McPhee's ruling to a higher court. We should all know the answer in about 30-60 days.