DECISIONS

On November 3, 1992, Kevin M. Freitas filed a complaint charging unfair labor practices with the Public Employment Relations Commission, claiming that the City of Olympia had engaged in a number of unfair practices with respect to his employment.[1] Specifically, it was claimed that the employer had completed unfair performance evaluations, had denied a right to accrue health benefits, had denied a right to a promotion to a 20 hour per week position, and had assigned a difficult and unreasonable work schedule. The complaint also appeared to allege that Freitas was constructively discharged.

A letter of preliminary ruling was directed to the parties, on April 26, 1993, noted that a number of problems existed with the complaint as filed, which prevented a determination that the complaint stated a cause of action:

            The attention of the parties was directed to RCW 41.56.160, which provides that a complaint may not be processed for actions which occurred more than six months prior to the filing of the complaint with the Commission. The parties were informed that the complaint could be considered timely only for actions occurring on or after May 3, 1992.

            The parties were further informed that the unfair labor practice provisions of Chapter 41.56 RCW relate to rights under the collective bargaining process, and do not empower the Commission to resolve other disputes which may arise between public employers and their employees. It was noted that, while the complaint listed a number of incidents alleged to involve "unfair" behavior, the only connection to any sort of union activity was a passage in documents submitted by the complainant on January 27, 1993, which noted that he had contacted the Washington State Council of County and City Employees in August of 1992. The parties were informed that no inference of impropriety would be possible as to the employer's actions prior to August of 1992, since nothing linked Freitas to union activity prior to that time. The parties were also informed that it would be difficult to infer that employer actions subsequent to that time were unlawful, since there was no allegation that the employer knew of any organizing attempt by Freitas, or which otherwise linked the employer's actions to any union activities engaged in by Freitas. The complainant was advised that further information would be necessary in order for a determination to be made that a cause of action existed in the matter.

The complainant was given a period of 14 days following the date of the letter of preliminary ruling 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 received from the complainant.

NOW. THEREFORE, it is

ORDERED

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

DATED at Olympia, Washington, this 20th day of May, 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.