An arbitrator has found that Lakehaven Utility District in Federal Way violated a “no-subcontracting” provision of its collective bargaining agreement with Council 2.

Thomas F. Levak found that the district contracted out a janitorial position after the person who had held it retired. That action, he ruled, was contrary to the agreement.

Levak ordered the district to stop hiring the outside contractor, to advertise the janitorial position, and to fill it.

The hearing was told that on May 28, 1998, Bill Jackson retired from the position of janitor at the Lakota Administrative Building and Water Maintenance Shop run by the district.

Following his retirement, the district assigned the work to members of the International Operating Engineers Union, building managers and others. The district did not notify the union that it was doing so.

In late-1998, Don Perry, the district’s General Manager, subcontracted the janitorial work that had been performed by Jackson. In December, he placed the work up for bid.

He said he did not feel it was necessary to notify the union of his decision because “members of the IOE unit had been performing the work for some time.”

On Jan. 28, 1999, the district executed a 3-year contract with Little Bell Building Maintenance for the work, which would start on March 1.

Perry said the district felt it was preferable to go to an outside company to handle the janitorial work as it was more efficient that the work be done at night at all locations. A single company working at night was the best option for the district, he said.

On Feb. 19, Council 2 filed a grievance.

The union said that the efficiency of having the work performed at night by a single company is irrelevant in determining whether the labor agreement was violated. It added that failure to notify the union was, in itself, a violation.

Levak found that the union proved that the district violated the agreement and found that the grievance must be sustained. He issued a cease-and-desist order and a directive to the district to declare a janitor position vacancy immediately and to fill it.

Audrey Eide represented Council 2 at the hearing.