Port of Seattle, Decision 7000 (PECB, 2000)

On February 27, 1998, International Longshore and Warehouse Union, Local 9 (union) filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC. The union alleged that the Port of Seattle (employer) had violated RCW 41.56.140(4), by implementing a “personal leave” policy earlier than had been agreed upon by the parties in collective bargaining negotiations. The complaint was processed under WAC 391-45-110,[1] and a cause of action was found to exist. A preliminary ruling issued on May 13, 1998, directed the employer to file an answer within 21 days following the date of that ruling.

The employer has not filed an answer to the complaint, and the union has filed and served a request that the Examiner issue a summary judgment. The union cites the employer’s refusal to provide any explanation for its conduct, and its failure to answer as directed in the preliminary ruling. To date, the employer has not provided any information about its conduct as it related to its failure to provide an answer.

DISCUSSION

Motions for summary judgment are processed under WAC 391-08-230, which states in pertinent part:

A summary judgment may be issued if the plead­ings and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that one of the parties is entitled to a judgment as a matter of law.

A motion for summary judgment invites the Examiner to make final determinations on a number of critical issues without the benefit of a full evidentiary hearing and record. The granting of such an order cannot be taken lightly, and should only be done where it is plain that there are no material facts in question.

In the instant case, the union has made a compelling argument that summary judgment should be granted. The employer has never responded, nor has it given any satisfactory explanation for its failure to answer the complaint. The Commission’s rules clearly detail the effects of a failure to answer, at WAC 391-45-210. Those effects include:

... admission that the fact[s] [are] true as alleged in the complaint, and as a waiver ... of a hearing as to the facts so admitted.

The Commission must enforce its procedures concerning unfair labor practice complaints and answers consistently, to ensure that it provides a “uniform and impartial” forum for the resolution of such disputes. RCW 41.58.005. The employer in this case ignored the Commission’s directions at its own peril, and it must accept the consequences for such actions. Accordingly, the union’s motion for summary judgment is being granted, no hearing or further proceed­ings before the Examiner are necessary, and an order is being entered to remedy the employer’s unfair labor practice.[2]

NOW, THEREFORE, it is

ORDERED

1.                  The motion for summary judgment filed by International Longshore and Warehouse Union, Local 9, against the Port of Seattle in the above-captioned matter is GRANTED.

2.                  The Port of Seattle, its officers and agents, shall immedi­ately take the following actions to remedy its unfair labor practices:

A.                   CEASE AND DESIST from:

1)                  Unilaterally implementing changes of the wages, hours or working conditions of employees in the bargaining unit represented by International Longshore and Warehouse Union, Local 9.

2)                  In any other manner interfering with, restraining or coercing its employees in the exercise of their collective bargaining rights secured by the laws of the State of Washing­ton.

B         TAKE THE FOLLOWING AFFIRMATIVE ACTION to effectuate the purposes and policies of Chapter 41.56 RCW:

1)                  Post, in conspicuous places on the employer’s premises where notices to all employee are usually posted, copies of the notice attached hereto and marked “Appendix”. Such notices shall be duly signed by an authorized representative of the respondent, and shall remain posted for 60 days. Reasonable steps shall be taken by the respondent to ensure that such notices are not removed, al­tered, defaced, or covered by other material.

2)                  Read the notice attached to this order into the record at a regular public meeting of the Port of Seattle, and permanently append a copy of the notice to the official minutes of the meeting where the notice is read as required by this paragraph.

3)                  Notify the complainant, in writing, within 20 days following the date of this order, as to what steps have been taken to comply with this Order, and at the same time provide the complainant with a signed copy of the notice attached to this Order.

4)                  Notify the Executive Director of the Public Employ­ment Relations Commission, in writing, within 20 days following the date of this Order, as to what steps have been taken to comply with this Order, and at the same time provide the Executive Director with a signed copy of the notice attached to this Order.

Issued at Olympia, Washington, this 15^th day of March 2000

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

KENNETH J. LATSCH, Examiner

This Order may be appealed by filing a Petition for Review with the Commission pursuant to WAC 391-45-350.