On October 19, 1990, Gary L. Aleshire, Jr. filed a complaint charging unfair labor practices with the Public Employment Relations Commission, alleging that International Association of Firefighters, Local 1488, had committed unfair labor practices in violation of RCW 41.56.150(1), (2) and (3), in connection with the reclassification of the complainant's position as an employee of Pierce County Fire District 2.

From the complaint on file, it appears that Aleshire formerly held the title of "Lieutenant / EMS Officer" with Pierce County Fire District 2, and that he asked the union to seek an upgrade of that position to the "Captain" level. The complainant alleges that the union did not consider his wishes when it proposed the creation of a new title: "Emergency Medical Services Officer". He contests the proposed pay rate and the fact that the new position would not be given "paramilitary" rank. The complaint was reviewed pursuant to WAC 391-45-110.

A letter directed to Aleshire on December 24, 1990, informed him that the complaint, as filed, did not appear to state a cause of action. It was noted that unions have some range of discretion in the conduct of their internal affairs and that, unless the complaining party can demonstrate the union was acting in retaliation against the affected employee's exercise of protected rights, or otherwise aligned itself in interest against a bargaining unit employee for unlawful reasons, the Commission cannot intervene. In the absence of any such allegation, it was concluded that the complaint did not state a claim for relief available through proceedings before the Commission.

The complainant was given a period of 14 days in which to file and serve an amended complaint which stated a cause of action, or face dismissal of the complaint. Nothing further has been heard or received from the complainant. In the absence of an amended complaint, the complaint must be dismissed on the basis outlined in the preliminary ruling letter.

NOW, THEREFORE, it is

ORDERED

The complaint charging unfair labor practices filed in the above-entitled matter is DISMISSED for failure to state a cause of action.

DATED at Olympia, Washington, this 25th day of January, 1991.

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.