Pierce Transit (ATU, Local 758), Decision 7097 (PECB, 2000)

The complaint charging unfair labor practices in the above-referenced matter was filed with the Public Employment Relations Commission by Allen J. Martin (complainant) on February 9, 2000.The complaint alleged that ATU, Local 758 had committed a refusal to bargain violation of RCW 41.56.150(4), and other unspecified unfair labor practices, by refusing to file a grievance on behalf of the complainant.

The complaint was reviewed under WAC 391-45-110.[1]A deficiency notice was issued on May 12, 2000, indicating that it was not possible to conclude that a cause of action existed. The Public Employment Relations Commission does not assert jurisdiction over "breach of duty of fair representation" claims arising exclusively out of the processing of contractual grievances. Mukilteo School District (Public School Employees of Washington), Decision 1381 (PECB, 1982).While a union does owe a duty of fair representation to bargaining unit employees with respect to the processing of grievances, such claims must be pursued before a court which can assert jurisdiction to determine (and remedy, if appropriate) any underlying contract violation.

The deficiency notice advised the complainant that an amended complaint could be filed and served within 21 days following such notice, and that any materials filed as an amended complaint would be reviewed under WAC 391-45-110 to determine if they stated a cause of action. The deficiency notice further advised the complainant that in the absence of a timely amendment stating a cause of action, the complaint would be dismissed. Nothing further has been received from the complainant.

NOW THEREFORE, it is

ORDERED

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

ISSUED at Olympia, Washington, this 9^th day of June, 2000.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARK S. DOWNING, Director of Administration

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.