On February 14, 1992, the Valley Communications Center Employees Association (VCCEA) filed a complaint charging unfair labor practices with the Public Employment Relations Commission, alleging that Public, Professional and Office Clerical Employees and Drivers Local 763, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, had interfered with the rights of Valley Communications Center employees to form an independent association and to select that organization as their exclusive bargaining representative.[1] Specifically, the VCCEA alleged that Local 763, which is the incumbent exclusive bargaining representative of the affected employees, held meetings with employees, campaigned against their efforts to change representatives, and filed an unfair labor practice complaint alleging that the employer had assisted the  employees in forming their own association.[2]

The VCCEA was granted intervention as a respondent in the unfair labor practice proceedings initiated by Local 763. A hearing was held in that case on April 14, 1992.

The complaint in the instant matter was considered under WAC 391-45-110, and was the subject of a preliminary ruling letter issued on May 6, 1992. A number of problems with the complaint, as filed, prevented a conclusion that a cause of action existed in the matter.[3] The VCCEA was given 14 days in which to file and serve an amended complaint which stated a cause of action, or face dismissal of its complaint.

The VCCEA responded to the preliminary ruling letter with an amended complaint filed on May 18, 1992. Processing of the amended complaint in this matter under WAC 391-45-110 was withheld, pending the outcome of the unfair labor practice case filed by Local 763.

On August 11, 1992, Examiner William A. Lang issued his findings of fact, conclusions of law and order in Case 9538-U-91-2128, dismissing the unfair labor practice complaint filed by Local 763.

Local 763 filed a timely petition for review of the Examiner's decision in Case 9538-U-91-2128. The preliminary ruling on the amended complaint in the instant matter was further delayed, awaiting the decision of the Commission on that appeal.

The Commission issued its decision in Case 9538-U-91-2128 on January 28, 1993.[4] Although it affirmed the Examiner's conclusions of law and order of dismissal,[5] the Commission specifically noted:

In the context of the security arrangements in existence at the facility, the holding of a meeting on the employer's premises for the purpose of organizing a rival labor organization gave rise to a colorable claim in this case.

None of the parties sought judicial review of the Commission's order in Case 9538-U-91-2128.

The amended complaint filed on May 18, 1992 is now before the Executive Director for a preliminary ruling pursuant to WAC 391-45-110. At this stage of the proceedings, all of the facts alleged in the complaint are assumed to be true and provable. The question at hand is whether, as a matter of law, the complaint states a claim for relief available through unfair labor practice proceedings before the Public Employment Relations Commission.

The amended complaint does not make reference to the "campaigning" allegations contained in the original complaint. Those allegations were previously found insufficient to state a cause of action, and are deemed to have been abandoned.

The letter covering transmittal of the amended complaint notes that Local 763's action of filing its complaint is not at issue. Both that letter and the text of the amended complaint seek to place the focus on the absence of a factual basis, and an intention to delay the representation proceedings. To reiterate what was said in the preliminary ruling on the original complaint in this case, unions have a right to file unfair labor practice complaints to protect their "process" rights under the statute.[6] The complaint filed by Local 763 was the subject of a preliminary ruling under WAC 391-45-110, and was found sufficient to state a cause of action. The Commission's decision in that matter also acknowledged that the situation gave rise to a colorable claim. The amended complaint in this matter thus fails to state a claim for relief.

NOW, THEREFORE, it is

ORDERED

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

Issued at Olympia, Washington, on the 26th day of March, 1993.

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.