State - Social and Health Services (Washington Federation of State Employees), Decision 10079 (PSRA, 2008)

On April 10, 2008, Ernestine Champeaux (Champeaux) filed a complaint charging unfair labor practices with the Public Employ­ment Relations Commission under Chapter 391-45 WAC, naming the Washington State Department of Social and Health Services (em­ployer) as respondent. The complaint was reviewed under WAC 391-45-110,[1] and a deficiency notice issued on April 21, 2008, indi­cated that it was not possible to conclude that a cause of action existed at that time. Champeaux was given a period of 21 days in which to file and serve an amended complaint, or face dismissal of the case.

Champeaux has not filed any further information. The Unfair Labor Practice Manager dismisses the complaint for failure to state a cause of action.

DISCUSSION

The allegations of the complaint concern union interference with employee rights in violation of RCW 41.80.110(2)(a) and inducing the employer to commit an unfair labor practice in violation of RCW 41.80.110(2)(b), by actions involving Champeaux.

The deficiency notice pointed out the defects to the complaint. One, Chapter 391‑45 WAC governs the filing and processing of unfair labor practice complaints. Complaints must conform to WAC 391‑45‑050.

    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 statement of facts does not clearly and concisely set forth the alleged unfair labor practices. To the extent that the requested remedies clarify the complaint, the allegations appear to involve claims concerning the union's internal conduct of its business.

Two, in that regard, a union's decision concerning the allocation of its resources in representing its members, response time to its members, filling its positions, and the manner in which it conducts its business with the employer, are matters purely of a union's own creation and discretion. Such processes are part of a union's internal affairs and are often controlled by a union's constitu­tion, bylaws, policies, and procedures. These matters constitute agreements among the members of a union regarding how the organiza­tion is to be operated. The Commission has no jurisdiction over the internal operations of a union. Disputes concerning alleged violations of the constitution, bylaws, policies, and procedures of a union must be resolved through internal procedures of the union or the courts.

Three, the statement of facts does not contain sufficient factual allegations to support a cause of action for the union causing or attempting to cause the employer to discriminate against Champeaux in violation of RCW 41.80.110(2)(b).

NOW, THEREFORE, it is

ORDERED

The complaint charging unfair labor practices in Case 21648-U-08-5524 is DISMISSED for failure to state a cause of action.

ISSUED at Olympia, Washington, this 23^rd day of May, 2008.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

DAVID I. GEDROSE, 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.