On August 10, 1988, John Martins (complainant), an employee of Clark County, filed a complaint charging unfair labor practices with the Public Employment Relations Commission, alleging that the Office and Professional Employees International Union, Local 11 (respondent) had breached its duty of fair representation in connection with the handling of a grievance filed by the complainant.

The matter was reviewed by the Executive Director pursuant to WAC 391-45-110, and a letter was issued on January 11, 1989, informing the complainant that the complaint, as filed, did not appear to state a cause of action for unfair labor practice proceedings before the Commission. Specifically, the complainant was informed that the Commission does not assert jurisdiction over "duty of fair representation" allegations which appear to relate exclusively to the processing of a contract grievance, and that such matters must be pursued through the court system. The complainant was allowed a period of time to file any additional facts in the case. No further information has been received.

NOW, THEREFORE, IT IS

ORDERED

The complaint charging unfair labor practices filed in the above-captioned matter is hereby DISMISSED.

DATED at Olympia, Washington, this 21st day of February, 1989.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director

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