Lakehaven Utility District, Decision 9514 (PECB, 2006)
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STATE OF WASHINGTON BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION |
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INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 286, |
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Complainant, |
CASE 20658-U-06-5265 |
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vs. |
DECISION 9514 - PECB |
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LAKEHAVEN UTILITY DISTRICT, |
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Respondent. |
ORDER OF DISMISSAL |
On September 20, 2006, International Union of Operating Engineers, Local 286 (union) filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, naming the Lakehaven Utility District (employer) as respondent. The complaint was reviewed under WAC 391-45-110,[1] and a deficiency notice issued on November 9, 2006, 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 breach of its good faith bargaining obligations in refusing to pay retroactive wage increases as provided in the parties’ collective bargaining agreement.
The deficiency notice indicated that the complaint was defective. The 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 Commission acts to interpret collective bargaining statutes and does not act in the role of arbitrator to interpret collective bargaining agreements. Clallam County, Decision 607-A (PECB, 1979); City of Seattle, Decision 3470-A (PECB, 1990); Bremerton School District, Decision 5722-A (PECB, 1997).
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 11th day of December, 2006.
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.