Kittitas County, Decision 7422 (PECB, 2001)

The complaint charging unfair labor practices in the above-referenced matter was filed with the Public Employment Relations Commission by Teamsters Union, Local 524 (union) on February 12, 2001.The complaint alleged that Kittitas County (employer) refused to bargain in violation of RCW 41.56.140(4) [and derivatively interfered with employee rights in violation of RCW 41.56.140(1)], by breach of its good faith bargaining obligations in failing to acquire a secondary insurance for LEOFF I employees.

The complaint was reviewed under WAC 391-45-110.[1]A deficiency notice was issued on April 18, 2001, indicating that it was not possible to conclude that a cause of action existed at that time.The deficiency notice stated that the Commission has adopted the following rule concerning the filing of an unfair labor practice complaint:

WAC 391-45-050 CONTENTS OF COMPLAINT. Each complaint charging unfair labor practices shall contain, in separate numbered para­graphs:

. . .

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

The deficiency notice indicated that the complaint did not contain any information concerning the “times, dates, places and partici­pants” of the events involved with the complaint.

The deficiency notice explained that the complaint alleged that the employer was acting in “bad faith” in relation to Article 25.1.1 of the parties’ collective bargaining agreement. The Public Employ­ment Relations Commission does not assert jurisdiction to remedy violations of collective bargaining agreements through the unfair labor practice provisions of the statute. City of Walla Walla, Decision 104 (PECB, 1976).

The deficiency notice advised the union 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 union 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 union.

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, this4^th day of June, 2001.

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.