PTE 17 director facing misconduct allegations, on paid leave

PTE 17 director facing misconduct allegations, on paid leave

PTE 17 director facing misconduct allegations, on paid leave

Less than one year after taking the reins of Professional and Technical Employees Local 17 (PTE 17) from long-time executive director Joe McGee, Behnaz Nelson has been placed on paid administrative leave amidst allegations of improper conduct.

Based in Seattle, PTE 17 represents several thousand public employees in Washington and Oregon.

Precise details have not been publicly reported, though union documents acknowledge that Nelson has been placed on administrative leave since January following allegations she took actions that posed “exceptional risk” to the union. She is under investigation by the union’s governing body, the Regional Executive Committee (REC).

The meeting minutes from the January 11, 2018 meeting of PTE 17’s Seattle chapter note that PTE 17 employee Amy Bowles,

…reported that the Executive Board met January 7th, and voted to place Executive Director Behnaz Nelson on administrative leave, pending an investigation of administrative issues that have been raised with the Board. An independent investigator has been retained to ensure due process, and will report their findings to the Board. Details of the investigation will remain confidential, as they would with any personnel investigation. Amy asked for members’ support and patience while the issue is being resolved. (Errors in original)

Further details were provided by the meeting minutes from the February 8, 2018 meeting of the union’s Seattle chapter:

Amy [Bowles] is still Co-Executive Director of the Local (along with Denise Cobden), while the investigation of ED [executive director] Behnaz Nelson is completed. Amy noted that like any personnel investigation, the details of the investigator’s report will be kept confidential. Mary pointed out that, per the Local Constitution, the REC has termination authority over the Executive Director, and asked where the authority for discipline short of termination lies, and noted that the Constitution list the REC as the governing body, the Executive Board is responsible to the REC, and the Executive Director is responsible to them. Amy said it was the Board’s understanding that they have authority in discipline matters short of termination. (Errors in original)

Additionally, the March/April 2018 edition of the union’s newsletter, Insight, reported briefly and with little fanfare that, at the March 10 meeting of the REC,

…there was a motion from the floor to create a panel of REC delegates who would be tasked with continuing the investigation into Local 17 Executive Director Behnaz Nelson, who has been on paid administrative leave since Jan. 7. After vigorous discussion, it was decided that a nine member panel would be formed of REC delegates proportionally representing the membership. This panel will bring a recommendation to the entire REC for final decision-making. Members will continue to be updated about the status of the investigation as it progresses. (Errors in original)

Further details about the March 10 REC meeting were provided by the meeting minutes from the April 12, 2018 meeting of PTE 17’s Seattle chapter:

Denise [Krownbell, chapter president] gave a recap of the REC Committee meeting held March 10th, 2018. At the meeting, Ray Sugarman, Delegate for the PTE Local 17 Staff Chapter, motioned to recuse the PTE Local 17 Executive Board from their oversight role in the ongoing investigation into allegations Executive Director Behnaz Nelson undertook actions that put out union at exceptional risk. The motion asked that a nine member panel of Delegates be formed to conduct the investigation of the ED, and explore whether discipline might be warranted with respect to any members of the Executive Board. There was a floor discussion of the relevant issues. Several delegates made the point that the Board’s conduct seemed be in conflict with the principle of due process, something Local 17 works to uphold for our members on a daily basis. The motion as seconded and passed by overwhelming voice vote.

Each Chapter selected delegates to serve on the panel, proportionate to membership. Joey Bullock and Darren Wilson were selected to represent the Seattle Chapter. Rachel Brooks was selected as an alternate. Darren said the panel met on April 7th to review the investigator’s materials and would meet again as soon as possible, with an eye towards completing their work by early summer. Once the panel has completed its work, a meeting of the REC will be held to hear their findings, and determine whether discipline is appropriate. Rachel noted the panel’s scope included all aspects of the Board’s actions, including whether the investigation and discipline of the other staff member was conducted fairly. There was member discussion about the process and how the outcome may affect the union. (Errors in original)

An anonymous letter recently received by the Freedom Foundation includes a laundry list of allegations regarding Behnaz and the ongoing investigation into her conduct. The letter, if authentic, appears to be from a PTE 17 member or employee and claims Nelson has been involved in:

  • inappropriate use of organization funds
  • false allegations of sexual harassment against her interim replacement [presumably Bowles or Cobden]
  • sexual relations with a subordinate
  • ongoing relations with said subordinate
  • using organization funds to travel with subordinate
  • collusion with board president
  • board president controlling the investigation at the direction of Behnaz Nelson
  • board president lying to delegates and staff about investigation
  • vote of no confidence by staff
  • Staff walk-out
  • notification to board that we will not work for her should she be reinstated
  • removing organization property from premises after being put on leave
  • fear of reprisal and retribution for all staff as we are united against her remaining the Executive Director in any capacity

Behanz Nelson has chosen to at every turn to seek out her own benefit rather than those around her, the organization or the members. Union members are paying dues to pay their Director to stay home. Behnaz Nelson will not leave and she cannot stay! (Errors in original)

The accuracy of the allegations made by the letter has not been confirmed. However, the reference in the Seattle Chapter meeting minutes to “the other staff member” involved suggests the letter’s description of the allegations as relating to “sexual relations with a subordinate” may be accurate.

The allegations come at a time when PTE 17 is stepping up its involvement in “Seattle Silence Breakers,” a group of city employees dedicated to fighting sexual harassment in their workplaces.

The Seattle Chapter’s January meeting minutes laud the efforts of the Seattle Silence Breakers and note that Bowles met with “City Council members to discuss sexual harassment throughout city employment.” The meeting minutes also note that a former Seattle employee “guilty of sexual harassment” had been hired to supervise PTE 17 represented employees at Seattle Pacific University.

“Local 17 has put SPU on notice that this is a problem,” the minutes note. “Members who are assigned to work under this cretin should notify their Business Rep.”

The meeting minutes of the March 2018 PTE 17 Seattle Chapter note,

Denise [Krownbell, PTE 17 president] spoke about the City of Seattle Silence Breakers, an organization of city employees and other interested persons, to speak out about sexual harassment and discrimination facing city employees. Their focus has evolved to include issues of bullying, intimidation, racism, and ageism, and their effect on workplace culture at the city. Local 17 member and Steward Tia Jones has been appointed as the group’s representative of Mayor Durkan’s Interdepartmental Team on Harassment.

The Washington State Labor Council reported McGee’s retirement in February 2017. It noted at the time that Nelson had been at PTE 17 “for over a decade” and was “unanimously selected by a committee of Local 17 members in June 2016 to succeed McGee upon his retirement.”

Both McGee and PTE 17 president Lois Watt gave Behnaz strong endorsements. McGee stated, “We are all lucky to have someone of Behnaz’s caliber who enthusiastically embraces her new job with the intent of working to make this great union even better,” while Watt observed, “I am confident that we will continue to be of the leading labor organizations in the Pacific Northwest for many years to come under the leadership of Behnaz Nelson.”

Nelson was named to Jenny Durkan’s transition team after Durkan was elected Seattle Mayor last year.

As a union of public employees, PTE 17 is concerned about the effect of the upcoming U.S. Supreme Court decision in Janus v. AFSCME, which may strike down state laws in Washington and Oregon requiring public employees to financially support a union as a condition of employment.

Last year, in anticipation of a loss for unions in Janus, the union updated its bylaws to try and limit the ability of public employees to exercise their constitutional rights to 20 days a year. The January/February 2018 edition of Insight reported,

Now, should the court case allow opt-outs as many experts predict it will, Local 17 members who make this choice will have the opportunity to do so from Dec. 1-20 each calendar year. This will help us have more financial stability and predictability…

The union also recently sent an email to its members warning them to “beware” the Freedom Foundation after Janus, lest it inform workers of their constitutional rights.

Last year, the Freedom Foundation assisted a group of Department of Transportation employees in decertifying PTE 17 as their union.

Given the recent turmoil in its ranks, however, PTE 17’s attempts to keep members from abandoning the union post-Janus would likely be better spent getting its own house in order.

Director of Research and Government Affairs
mnelsen@freedomfoundation.com
As the Freedom Foundation’s Director of Research and Government Affairs, Maxford Nelsen leads the team working to advance the Freedom Foundation’s mission through strategic research, public policy advocacy, and labor relations. Max regularly testifies on labor issues before legislative bodies and his research has formed the basis of several briefs submitted to the U.S. Supreme Court. Max’s work has been published in local newspapers around the country and in national outlets like the Wall Street Journal, Forbes, The Hill, National Review, and the American Spectator. His work on labor policy issues has been featured in media outlets like the New York Times, Fox News, and PBS News Hour. He is a frequent guest on local radio stations like 770 KTTH and 570 KVI. From 2019-21, Max was a presidential appointee to the Federal Service Impasses Panel within the Federal Labor Relations Authority, which resolves contract negotiation disputes between federal agencies and labor unions. Prior to joining the Freedom Foundation in 2013, Max worked for WashingtonVotes.org and the Washington Policy Center and interned with the Heritage Foundation. Max holds a labor relations certificate from the University of Wisconsin-Madison and graduated magna cum laude from Whitworth University with a bachelor’s degree in political science. A Washington native, he lives in Olympia with his wife and sons.