State - Fish and Wildlife (Washington Public Employees Association), Decision 8725 (PSRA, 2004)

On August 9, 2004, Michael Rogers (Rogers) filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, naming the Washing­ton Public Employees Association (WPEA/union) as respondent. Rogers is an employee of the Washington State Department of Fish and Wildlife (employer).

The complaint is similar to Case 18715-U-04-4756 filed by Susan Gunnyon (Gunnyon) with the Commission on July 8, 2004. Gunnyon filed a letter taking issue with the conduct of union official Herb Harris (Harris) in connection with the processing of a unit clarification petition in Case 18424-C-04-1182. That case involved a petition under WAC 391-35-026 to “perfect” an existing bargaining unit by an accretion of permanent career seasonal fish coun­ters/scientific technicians in regions 3 and 5. Attached to Gunnyon’s letter was a July 1, 2004, note from Rogers concerning the conduct of Harris. Case 18424-C-04-1182 was closed by an order on June 15, 2004. State - Fish and Wildlife, Decision 8582 (PSRA, 2004). The complaint filed by Gunnyon in Case 18715-U-04-4756 was dismissed on August 23, 2004, for failure to state a cause of action. State - Fish and Wildlife (Washington Public Employees Association), Decision 8683 (PSRA, 2004).

The complaint filed by Rogers was reviewed under WAC 391-45-110,[1] and a deficiency notice issued on August 17, 2004, indicated that it was not possible to conclude that a cause of action existed at that time. Rogers was given a period of 21 days in which to file and serve an amended complaint, or face dismissal of the case.

No further information has been filed by Rogers. The Unfair Labor Practice Manager dismisses the complaint for failure to state a cause of action.

DISCUSSION

The allegations of the complaint concern an unspecified “other unfair labor practice” by the union, for using an authorization card in a fraudulent manner. The complaint contains several defects. One, the complaint fails to explain and specify what “other” rule or statute has been violated by the union’s actions.

Two, Decision 8683 dismissing Gunnyon’s complaint in Case 18715-U-04-4756 stated as follows:

Absence of Critical Fact

Fraud and forgery arguably provide basis to find unlawful interference with employee rights, in violation of RCW 41.56.150(1). For Gunnyon to have a cause of action against the union, however, she would need to allege and prove that an authorization card she signed was actually used by the union in a fraudulent manner (in the underly­ing proceedings before the Commission) after she had notified the union she had withdrawn her authorization. Such an allegation is lacking.

The complaint filed by Rogers fails to allege that an authorization card he signed was actually used by the union in a fraudulent manner (in the underlying proceedings before the Commission) after he notified the union that he had withdrawn his authorization.

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 14^th day of September, 2004.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARK S. DOWNING, Unfair Labor Practice Manager

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.