City of Seattle, Decision 6864 (PECB, 1999)

The complaint charging unfair labor practices was filed in the above captioned matter on May 26, 1999. The complaint was considered under WAC 391-45-110,[1] and a deficiency notice was issued on August 9, 1999. The complainant was given a 14-day period in which to file and serve an amended complaint which stated a cause of action, or face dismissal of the complaint. Nothing further has been heard or received from the complainant.

DISCUSSION

The union alleges, generally, that the employer refused to bargain by unilaterally assigning bargaining unit work to a sub-contractor. The union has not, however, met the requirements of WAC 391-45-050, which include:

Each complaint shall contain, in separate numbered paragraphs:

(1)           Information identifying the parties and their relationships, ...

(2)           Clear and concise statements of the facts constituting the alleged unfair labor practices, including times, dates, places and participants in occurrences. ...

[Emphasis by bold supplied.]

The Commission does not “investigate” or “prosecute” unfair labor practice complaints in a manner familiar to those who practice before the National Labor Relations Board, and a complainant must file a complaint sufficient to warrant a hearing.

In this case, attachments to the complaint form include: (1) A simple declaration that the City of Seattle (employer) has transferred work from a bargaining unit represented by Interna­tional Union of Operating Engineers, Local 286 (union) to un-named third party subcontractor(s); and (2) a two-page document that appears to be an incident report, citing the names of a number of individuals and using shop parlance where the meaning and relevance is not always clear.

The Executive Director must act on the basis of what is contained within the four corners of the statement of facts, and is not at liberty to fill in gaps or make leaps of logic. It is not possible to conclude from the materials now on file that a cause of action exists. In the absence of any explanation in response to the deficiency notice, the complaint fails to state a cause of action.

NOW, THEREFORE, it is

ORDERED

The complaint charging unfair labor practices in this matter is DISMISSED for failure to state a cause of action.

ISSUED at Olympia, Washington, this 26^th day of October, 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.