DECISIONS

The captioned matter was initiated by a complaint filed on September 10, 1976. An amended complaint was filed on October 28, 1976. The Office of the Attorney General entered an appearance on behalf of respondent Washington State School Directors’ Association and separate counsel entered an appearance on behalf of the Yelm School District. In its answer, the Yelm School District denies that WSSDA is an “employer” within the meaning of the Act. WSSDA filed a motion to make more definite and certain in which it seeks a more definite statement of the claimed basis for jurisdiction of the Commission over WSSDA. On February 15, 1978, WSSDA filed a motion to dismiss, claiming that the Commission lacks jurisdiction over WSSDA. On April 21, 1978, the complainant filed a memorandum in opposition to the motion to dismiss.

The amended complaint filed on October 28, 1976 identifies WSSDA as an “employer”, but the material allegations of the complaint refer to WSSDA as an “agent and affiliate” of the Yelm School District. In its memorandum in opposition to the motion to dismiss, the complainant states that it does not allege that WSSDA is an employer, and it places emphasis on the alleged agency relationship between WSSDA and the Yelm School District. The complainant relies on RCW 41.59.150(1), which states:

“The commission is empowered to prevent any person from engaging in any unfair labor practice as defined by RCW 41.59.140. This power shall not be affected by any other means of adjustment or prevention that has been or may be established by agreement, law, equity or otherwise.” (Emphasis added per argument of complaint)

RCW 41.59.140(1) enumerates the “employer” unfair labor practices. The complaint alleges by number only violations of sections 15(1)(a) and (e) of the Educational Employment Relations Act, which are codified as RCW 41.59.140(l)(a) and (e):

“It shall be an unlawful labor practice for an employer:

    (a) To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in RCW 41.59.060;

. . .

    (e) To refuse to bargain collectively with the representative of its employees.”

The term “employer” is defined in RCW 41.59.020(5) as meaning any school district. The term “person” is defined by RCW 41.59.020(7) as including a broader range of organizations, boards, or other entities or their representatives.

The Washington State School Directors’ Association is a state agency existing pursuant to RCW 28A.61. The Commission has a limited jurisdiction over the State and its agencies. See: Eastern Washington State College, Decision No. 245 (PECB, 1977). The Yelm School District is a public corporation existing pursuant to RCW 28A.58.010. Of their nature, corporate bodies must act through their boards of directors and agents. While there appears to be no basis for assertion of jurisdiction over WSSDA as an independent respondent, I express no opinion here as to whether WSSDA was in fact an agent of the Yelm School District in this situation. The agency issue, as well as any liability of the Yelm School District for the actions of WSSDA agents, are left for determination by the Examiner following a hearing.

NOW, THEREFORE, it is

ORDERED

1.         The complaint filed in the above-entitled matter is dismissed insofar as it alleges that the Washington State School Directors’ Association is an “employer” and a respondent separate and apart from the Yelm School District.

2.         The allegations of the complaint relating to Yelm School District, its officers and agents, are referred to Examiner Alan R. Krebs pursuant to WAC 391-30-510.

DATED at Olympia, Washington this 1^st day of May, 1978.

PUBLIC EMPLOYMENT REJETIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director