In the most recent two of a string of cases involving branches of the Service Employees International Union and nonprofit organization Freedom Foundation, each party emerged with one victory and one loss. First, in Freedom Foundation v. SEIU Healthcare Northwest Training Partnership, Division I of the Court of Appeals concluded that the Training Partnership was not the functional equivalent of a public entity under Washington’s Public Records Act (PRA), Chapter 42.56 RCW. The Training Partnership is a nonprofit organization formed by SEIU 775, which is the exclusive bargaining representative of individual providers of in-home care service providers, as well as three private in-home service provider employers. The partnership provides training that in-home service providers are required to obtain under state law.
Freedom Foundation submitted a public records request directly to the Training Partnership, which responded that it was not an entity subject to the PRA. After the Training Partnership denied the request, Freedom Foundation sued for violation of the PRA. The Training Partnership moved for summary judgment, arguing it was exempt from the PRA as an ERISA multi-employer welfare benefit plan, and in the alternative, that it was not the “functional equivalent” of a public agency under the four factors outlined in Telford v. Thurston County. The trial court granted summary judgment in favor of the Training Partnership.