Port of Seattle, Decision 6833 (PECB, 1999)

On June 29, 1999, International Longshoremen’s and Warehousemen’s Union, Local 9 (union) filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, naming the Port of Seattle (employer) as respondent. The dispute concerns the employer’s refusal to implement (and/or disavowal) of a settlement concerning a grievance over interpretation or implementation of the parties’ current collective bargaining agreement.

A deficiency notice issued on August 3, 1999, under WAC 391-45-110,[1] pointed out that the Commission does not assert jurisdiction to remedy violations of collective bargaining agreements through the unfair labor practice procedures of Chapter 41.56 RCW. City of Walla Walla, Decision 104 (PECB, 1976). It appeared that the union was seeking a remedy for a contract violation in this case.

The deficiency notice also pointed out that the Commission does not assert jurisdiction to enforce the grievance and arbitration procedures agreed upon by parties in a collective bargaining agreement. Thurston County Communications Board, Decision 103 (PECB, 1976). At a minimum, it appeared that the union was seeking to enforce the grievance settlement in this case.

The union was given 14 days in which to file and serve an amended complaint which stated a cause of action, or face dismissal of the case. Nothing further has been heard or received from the union.

NOW, THEREFORE, it is

ORDERED

The complaint charging unfair labor practices filed in the above-captioned matter is hereby DISMISSED.

Issued at Olympia, Washington, this 22^nd day of September, 1999.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director

This order will be the final order of the agency unless a notice of appeal is filed with the Commission under WAC 391-45-350.