Alaska Employment Law

The Alaska Supreme Court (Fabe and Matthews not participating) has found that the railroad union’s previous inconsistent positions on a contractual time limitation on disciplinary hearings barred it from insisting on strict compliance in the present instance.  The opinion is unpublished and thus not precedential.

The case under review arose from discipline imposed by the Alaska Railroad under a Last Chance Agreement arising from sexual harassment.  The Court notes that “Last-chance agreements are strictly construed and enforced [against the employee].”  Op. at p. 2, n.1.  The Court applied the “gross error” standard of review for PERA-covered disciplinary disputes that it adopted in State v. APEA, 199 P.3d 1161 (Alaska 2008).

Simonds v. Alaska Railroad Corp., MOJ No. 1342, 2009 WL _______ (Alaska June 10, 2009)(unpub.).

Chuck Dunnagan and Sara Josephson from JDO represented the union member.  Bill Mede from Turner & Mede represented by Railroad.  All counsel practice in Anchorage.