City of Snoqualmie, Decision 9023 (PECB, 2005)
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STATE OF WASHINGTON BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION |
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TEAMSTERS LOCAL 763, |
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Complainant, |
CASE 19406-U-05-4926 |
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vs. |
DECISION 9023 - PECB |
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CITY OF SNOQUALMIE, |
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Respondent. |
ORDER OF DISMISSAL |
On April 18, 2005, Teamsters Local 763 (union) filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, naming the City of Snoqualmie (employer) as respondent. The complaint was reviewed under WAC 391-45-110,[1] and a deficiency notice issued on May 26, 2005, indicated that it was not possible to conclude that a cause of action existed at that time. The union 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 the union. The Unfair Labor Practice Manager dismisses the complaint for failure to state a cause of action.
DISCUSSION
The allegations of the complaint concern employer refusal to bargain in violation of RCW 41.56.140(4) [and if so, derivative "interference" in violation of RCW 41.56.140(1)], by its unilateral change in the pay scale for the position of Recycling/Grants Coordinator, without providing an opportunity for bargaining.
The complaint is defective. The allegations of the complaint are unclear. The only papers filed with the complaint were PERC Form U-1, Complaint Charging Unfair Labor Practices, and a copy of a February 10, 2005 letter from the union to the employer. The February 10th letter reads as follows:
I was recently told, that after the City agreed to put this position [Recycling/Grants Coordinator] in the Bargaining Unit, the City unilaterally lowered the rate of pay. If that is true, please consider this a request to bargain the wages of the position.
It has also recently come to my attention that two new positions have been posted as non-union positions. These are the “IT Systems Support” and the “Confidential File Clerk/Office Assistant”. Nothing in either job description indicates to me that the positions should be outside of the bargaining unit.
Please consider this as notification that the Union believes that these are bargaining unit positions. . . .
Commission docket records indicate that the union filed a unit clarification petition on the same date as the complaint, for the positions of IT Systems Support and Confidential File Clerk/Office Assistant. The petition was docketed as Case 19404-C-05-1232. The only papers filed with the petition were PERC Form C-1, Petition for Clarification of Bargaining Unit, and an attached document reading as follows:
Statement of Facts
The Union filed a Unit clarification with PERC on August 25, 2005 for the position of Recycling/Grants Coordinator. Subsequently the City of Snoqualmie agreed to make the position a bargaining unit position.
The City, at some point unknown to the Union, unilaterally changed the pay scale by eliminating the top step of the original posting
Relief Sought
That the City of Snoqualmie restore the original pay scale and that they be ordered to post notice of the decision prominently throughout the city.
It appears that the union may have intended that the statement of facts document it filed in Case 19404-C-05-1232, be instead filed with its complaint in Case 19406-U-05-4926.
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:
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(2) Clear and concise statements of the facts constituting the alleged unfair labor practices, including times, dates, places and participants in occurrences.
(3) A statement of the remedy sought by the complainant.
The complaint fails to include a statement of facts or a requested remedy. The complaint does not conform to the requirements of WAC 391-45-050.
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 29th day of June, 2005.
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.
[1] At this stage of the proceedings, all of the facts alleged in the complaint are assumed to be true and provable. The question at hand is whether, as a matter of law, the complaint states a claim for relief available through unfair labor practice proceedings before the Public Employment Relations Commission.