Community College District 29 - Clover Park, Decision 7841 (CCOL, 2002)

The complaint charging unfair labor practices in the above-referenced matter was filed with the Public Employment Relations Commission by Washington Federation of Teachers, Local 3913 (union) on July 2, 2002.  The complaint alleged that Community College District 29 - Clover Park (employer) interfered with employee rights in violation of RCW 28B.52.073(1)(a), dominated or assisted the union in violation of RCW 28B.52.073(1)(b), and refused to bargain in violation of RCW 28B.52.073(1)(e), by circumventing the union through direct dealing with counselors represented by the union concerning the length of their work year, and by breaching its good faith bargaining obligations in imposing an artificial and unrealistic deadline for contract negotiations.

The complaint was reviewed under WAC 391-45-110.[1]  A deficiency  notice was issued on July 23, 2002, indicating that it was not possible to conclude that a cause of action existed at that time for the allegations of employer domination or assistance of a union in violation of RCW 28B.52.073(1)(b).  The deficiency notice stated that none of the facts alleged in the complaint suggested that the employer had involved itself in the internal affairs or finances of the union, or that the employer had attempted to create, fund, or control a “company union.”  See City of Anacortes, Decision 6863 (PECB, 1999).

The deficiency notice indicated that the interference and refusal to bargain allegations of the complaint appeared to state a cause of action, and would be assigned to an examiner for further proceedings under Chapter 391-45 WAC, after the union had an opportunity to respond to the deficiency notice.

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 allegations concerning employer domination or assistance of the union in violation of RCW 28B.52.073(1)(b) would be dismissed.  Nothing further has been received from the union.

NOW, THEREFORE, it is

ORDERED

1.                  Assuming all of the facts alleged to be true and provable, the interference and refusal to bargain allegations of the complaint state a cause of action, summarized as follows:

Employer interference with employee rights in violation of RCW 28B.52.073(1)(a), and refusal to bargain in violation of RCW 28B.52.073(1)(e), by circumventing the union through direct dealing with counselors repre­sented by the union concerning the length of their work year, and by breaching its good faith bargaining obligations in imposing an artificial and unrealistic deadline for contract negotiations.

The interference and refusal to bargain allegations of the complaint will be the subject of further proceedings under Chapter 391-45 WAC.

2.                  Community College District 29 - Clover Park shall:

File and serve its answer to the allegations listed in paragraph 1 of this order, within 21 days following the date of this order.

An answer shall:

a.                   Specifically admit, deny or explain each fact alleged in the complaint, except if a respondent states it is without knowledge of the fact, that statement will operate as a denial; and

b.                  Assert any affirmative defenses that are claimed to exist in the matter.

The answer shall be filed with the Commission at its Olympia office.  A copy of the answer shall be served on the attorney or principal representative of the person or organization that filed the complaint.  Service shall be completed no later than the day of filing.  Except for good cause shown, a failure to file an answer within the time specified, or the failure to file an answer to specifically deny or explain a fact alleged in the complaint, will be deemed to be an admission that the fact is true as alleged in the complaint, and as a waiver of a hearing as to the facts so admitted.  See WAC 391‑45‑210.

3.                  The allegation of the complaint concerning employer domination or assistance of the union in violation of RCW 28B.52.073 (1) (b) is DISMISSED for failure to state a cause of action.

ISSUED at Olympia, Washington, this 12^th day of September, 2002.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARK S. DOWNING, Director of Administration

Paragraph 3 of this order will be the final order of the agency on any defective allegations, unless a notice of appeal is filed with the Commission under WAC 391-45-350.