Briefs

It will now be easier for companies to sue their employees for striking after the U.S. Supreme Court ruled Thursday morning in favor of allowing Seattle’s Glacier Northwest to move forward with a lawsuit against its workers’ union over strike-related losses.

The case stems from a 2017 strike in which Glacier’s truck drivers, represented by a local chapter of the International Brotherhood of Teamsters, refused to deliver freshly mixed concrete following the expiration of a collective bargaining agreement between Glacier and the union.

The 8-1 decision, spearheaded by Justice Amy Coney Barrett, argues that the right to strike as enshrined by the National Labor Relations Act is “not absolute” – and that the union failed to take “reasonable precautions” to protect the company’s materials from “foreseeable, aggravated, and imminent danger.” Essentially, the blame falls on the union for organizing a strike while knowingly working with a material as perishable as wet cement.

Justice Ketanji Brown Jackson, the sole dissenting judge on the case, said that the Supreme Court is overstepping its boundaries by meddling in a case that should have been disputed through the National Labor Relations Board first.

“What Glacier seeks to do here is to shift the duty of protecting an employer’s property from damage or loss incident to a strike onto the striking workers, beyond what the Board has already permitted via the reasonable-precautions principle,” she wrote. “In my view, doing that places a significant burden on the employees’ exercise of their statutory right to strike …”

Teamsters General President Sean M. O’Brien issued a statement Thursday, calling the Supreme Court “political hacks” who “should be ashamed of themselves for throwing out long-standing precedent and legislating from the bench.”

The Martin Luther King, Jr. County Labor Council, a central body representing labor unions in King County, also expressed its disappointment in the ruling – but remained hopeful that the NLRB “will find Teamsters Local 174’s strike in this case was protected based on the actual facts, not just Glacier’s allegations.”

The Washington State Supreme Court had previously sided with the Teamsters, ruling that damage from striking was incidental to federally protected labor actions.

After soaring to record heights during the pandemic, King County home values have started to drop. Countywide assessments for 2023 are not yet complete, but early results have King County Assessor John Wilson confident most home values will see a downward correction.

The prediction is based on completed assessments of homes in the eastern suburb of Sammamish and in Seattle’s Queen Anne neighborhood. Average values in Sammamish, which leapt up 50% from 2021 to 2022, decreased by about 22% from 2022 to 2023. In Queen Anne, average values increased 13.8% in the 2022 assessment and are now down an average of 8% in the 2023 assessment.

This is the first time that year-over-year average home values have gone down in King County since the post-Great Recession drop more than a decade ago.  

“The housing market in King County is still strong,” said Wilson during a press briefing Thursday. “It is not the case, and I want to be clear about this, that it’s crashing at all. But it has finally peaked.”

The 2023 property value assessment will be reflected on 2024 property tax bills. Wilson thinks it’s likely many homeowners could see a reduced property tax bill. But he pointed out that 155 taxing districts throughout the county — including municipalities, school districts and voter-approved levies — can impact taxes as much as assessed home value.

Property owners have a 60-day window after receiving notice of a new home value in which to appeal the changed valuation.

On the commercial side, office building values dropped 15%-20%, in large part due to remote work’s impact on demand for office space.

Medical researchers at the University of Washington have identified the most common symptoms of long COVID by studying nearly 10,000 Americans.

Their research findings, published Thursday in JAMA, are expected to help doctors separate people with long COVID from those whose symptoms are caused by another medical problem.

The 12 symptoms that appear to be most useful for identifying patients with long COVID include: post-exertion malaise, fatigue, brain fog, dizziness, gastrointestinal problems, heart palpitations, issues with sexual desire or capacity, loss of smell or taste, thirst, chronic cough, chest pain and abnormal movements.

The study, led by Dr. Helen Chu, an infectious disease specialist at the University of Washington School of Medicine, also found that people who were unvaccinated, had multiple infections or had their first infection before the 2021 omicron variant, were more likely to have long COVID symptoms and more severe cases of long COVID.

Growers are expected to harvest more Northwest sweet cherries in 2023 than they did last year, according to a first-round estimate from Northwest Cherry Growers. 

According to the estimate, based on grower reports, the five-state region — Washington, Oregon, Idaho, Montana and Utah —  could potentially harvest 19.9 million 20-pound boxes this year. 

That’s a 50% increase from the 2022 crop of 13.3 million boxes, which was the region’s smallest since 2008. 

Last year, several adverse weather events created harvest delays and reduced crop volume. Some cherries didn’t develop due to a lack of pollination during the cold spring months, and others were damaged through rain or other weather conditions. That led to fewer — and more expensive — cherries in grocery produce sections. 

Cooler weather did delay development this year — in some areas, upward of three weeks compared to the 2022 schedule. However, warming temperatures throughout the Northwest contributed to full bloom in most orchards. 

Early harvest is expected to start around mid-June and continue through July and early August, with plenty of available fruit around the Fourth of July holiday, according to industry officials. 

About 170 farmworkers at a Sunnyside mushroom farm are expected to be eligible for financial compensation under the settlement of a worker discrimination lawsuit filed by Attorney General Bob Ferguson last summer. 

Ostrom Mushroom Farms and Asellus-Sunnyside, the business entity that now operates the Sunnyside facility, will pay $3.4 million to the state Attorney General’s office, which will in turn compensate impacted farm workers. 

Ferguson filed the lawsuit in Yakima County Superior Court last August after an investigation by his office’s civil rights division. The investigation revealed that Ostrom fired its primarily female and Washington-based workforce between January 2021 and May 2022 and replaced them with male foreign guest workers through the H-2A program in violation of Washington discrimination laws. 

While the lawsuit was pending, Ostrom sold the Sunnyside mushroom facility to Windmill Farms, a Canadian company. As part of the agreement, Windmill Farms — operating as Asellus-Sunnyside in this state —  has agreed to take measures to prevent further worker discrimination. Ostrom must also agree to take these measures if it resumes operations in Washington in the next three years. 

Anyone who has worked at Ostrom and believes they should be part of this claims process should contact the Civil Rights Division by emailing ostrom@atg.wa.gov or by calling 1-833-660-4877 and selecting Option 5.

In the meantime, workers have continued union organization efforts in cooperation with the United Farm Workers. The union declared the settlement “a victory” in a tweet posted on May 19

Since a federal court ruled in 2015 that the state was failing to do timely competency evaluations related to court proceedings, the Washington Legislature has been trying to shore up the mental health part of the state’s legal system.

Gov. Jay Inslee this week signed a bill that takes the next step toward overhauling the system as required by the so-called Trueblood decision. Senate Bill 5440 will overhaul the competency system, improve the timeliness of evaluations and provide services to people in the legal system who are suffering from behavioral health disorders.

SB 5440 includes a number of new initiatives and rules. The new law requires jails to allow mental health providers to meet with defendants waiting in jail for competency restoration. It prohibits jails or juvenile detention centers from substituting or discontinuing an individual’s medication for a serious mental health disorder when they are medically stable on the medication. And it creates a way for someone with non-felony charges to get those charges dismissed so they can get mental health treatment outside of jail.

The state was fined $83 million before reaching an agreement to settle the Trueblood case in 2018. The process of overhauling Washington’s competency system has been an ongoing process – overseen by the federal courts – ever since. 

King County Regional Homelessness Authority CEO Marc Dones announced today that they will step down in June. Deputy CEO Helen Howell will take over as interim CEO. 

The Regional Homelessness Authority was created in 2019 by the city of Seattle and King County to consolidate oversight and management of the homelessness response system. The authority manages contracts for the nonprofit service providers providing outreach, shelter and housing. It takes the lead on homelessness policy decisions. It serves as the region’s go-between on federal homelessness policy. And the authority has its own staff of frontline homeless outreach workers

Dones was hired as the organization’s first leader in 2021. Their departure, first reported by Publicola, comes amid criticisms from homeless service providers and from advocates that the agency has mishandled its takeover of the homeless contract system, leaving some nonprofit providers operating without pay.

In a joint statement, Seattle Mayor Bruce Harrell and King County Executive Dow Constantine thanked Dones for their service: “Marc’s drive to innovate systems, improve housing stability, and help people move off the streets and inside with the supports they need is rooted in a staunch commitment to ending homelessness. From leading the design of the KCRHA to taking the reins as its first CEO, Marc has played an indispensable role in transforming ‘regional solutions to homelessness’ from an idea to tangible action.”

The Regional Homelessness Authority also released a statement about Dones's departure, thanking them for their leadership: “They have been a tireless advocate for racial equity and social justice, centering lived experience, increasing affordable housing, highlighting root causes of economic instability, and working together to iterate on new approaches to transforming the homelessness response system.”

Washington Supreme Court changes its opinion on race in juries

Justice Susan Owens notes that in previous rulings, the Court fell short of the objective to remove racism from the jury selection process.

The Washington Supreme Court revised its previous stand on what it means to have a “jury of your peers” in a decision issued Thursday.

Race discrimination in jury selection violates the Fourteenth Amendment’s equal protection guarantee, Justice Susan Owens states at the beginning of her simple-yet-dramatic opinion, which was signed by all her colleagues on the court.

Owens notes that previous rulings by the Washington Supreme Court fell short of the objective to remove racism from the jury selection process.

In 2010, a Black defendant appealed a trial court decision after a second potential Black juror was removed from the jury box in his trial for robbery, drug and firearm charges. The Supreme Court rejected his appeal at the time, but has now ordered Theodore R. Rhone’s case to be retried – 13 years after he made his appeal.

After the court swore in the jury, Rhone made the following statement: “I would like to have someone that represents my culture as well as your culture. To have this the way it is … seems unfair to me. It’s not a jury of my peers.”

Owens said Rhone was asking for “a bright line rule establishing a prima facie case of discrimination when the State peremptorily strikes the last member of a racially recognized group” from the potential jury pool. But the Court did not agree to adopt this rule in 2010.

The justices changed their minds in the years following because of all they have learned since then regarding the impact of implicit bias in jury selection, Owens wrote in her opinion.

The 2023 opinion was related to a different matter in Rhone’s case, but as Owens wrote, “We take this opportunity to revisit and correct that decision.”

“Given the unique factual and procedural history of this case and in the interest of justice, we recall our prior mandate, reverse Rhone’s convictions, and remand for a new trial,” she wrote.

Washington reports 10 times more flu deaths this season

A total of 262 Washington residents were reported to have died from the flu between the beginning of October 2022 and the end of April 2023.

Ten times more Washingtonians died from the flu during the 2022-2023 season compared to the previous flu season, the Washington Department of Health reported on Thursday.

A total of 262 Washington residents were reported to have died from the flu between the beginning of October 2022 and the end of April 2023, including 257 adults and five children. The Health Department reported 26 laboratory-confirmed flu deaths during the 2021-2022 flu season. Officials believe COVID-19 mitigation efforts, including masking, staying home and limited gatherings, may have kept flu activity down for the past few years. 

Nationwide, the Centers for Disease Control and Prevention estimates as many as 57,000 flu deaths occurred between Oct. 1, 2022 and April 29, 2023. The CDC reports one positive statistic concerning this year’s flu season: Hospitalizations decreased 75% for children and by about half for adults. Federal officials credit the flu vaccine for these decreases, but also note that flu vaccination rates have gone down nationally in certain groups, including children and pregnant people, compared to pre-pandemic levels. 

Washington Health Secretary Dr. Umair Shah advised people to become more diligent about getting a flu vaccine now that masking and social distancing are less common again. 

“The flu vaccine is your best protection against this serious disease. Even if you get the flu, if you’ve been vaccinated, typically your illness is milder and you aren’t as likely to need to go to the hospital,” Shah said in a DOH statement.

In Washington, flu activity rose at the end of October and peaked by the end of November. The DOH’s Flu Overview page has more information about this season’s outbreak.

Gov. Inslee signs bill to help survivors of sex trafficking in WA

The legislation will fund healing and transition services for people who have experienced sex trafficking. 

 

Gov. Jay Inslee recently signed a bill intended to help survivors of sex trafficking access housing, health services and more in Washington. 

“This is important because many survivors don’t know that services exist and there are people available to support them through their journey to healing,” said Jeri Moomaw, executive director of Innovations Human Trafficking Collaborative and co-founder of Washington Against Sexual Exploitation (WASE Forward), in a news release.

Signed on May 4, Substitute Senate Bill 5114 was written by and for survivors of adult sex trafficking, according to the WASE coalition of 34 agencies working to prevent commercial sexual exploitation of vulnerable people.

The coalition hopes the money will be spent on culturally responsive programs and services tailored toward those disproportionately affected by human trafficking, including communities of color.

The legislation, sponsored by Sen. Claire Wilson, D-Auburn, and Rep. Tina Orwall, D-Des Moines, will fund services like legal advocacy, safety planning, substance-use disorder treatment, housing, health services and education.  

Different factors make Washington particularly vulnerable to human trafficking, according to the Attorney General’s Office, including its border with Canada, rural landscape and “abundance of ports.”