On July 7, 1994, the City of Union Gap filed a complaint charging unfair labor practices with the Public Employment Relations Commission, alleging that the Washington State Council of County and City Employees had interfered with and coerced city employees who were not union members, and further had failed to bargain in good faith with the employer.

Several paragraphs of the complaint dealt with description of an incident involving an employee playing basketball during his lunch period, and impliedly indicated the existence of some sort of safety problem. Certain other information contained in the complaint related to a performance evaluation of the employee involved in playing basketball. The complaint also detailed the time limitations of the grievance procedure contained in the collective bargaining agreement between the parties, and claimed that the union attempted to file a grievance which the employer apparently believed to be untimely or improperly filed. Finally, the complaint detailed the union's filing of a complaint with the Washington State Department of Labor and Industries, impliedly involving some alleged violation of "safety" regulations enforced by that agency. The employer asserted that the union's actions were frivolous, in violation of the parties' collective bargaining agreement, or a violation of the union's obligation to bargain in good faith.

The complaint was the subject of a preliminary ruling letter issued on September 30, 1994. ^[1] That letter noted a number of problems existed with the complaint, which prevented forming a conclusion that an unfair labor practice could be found. In particular:

*          It was noted that any allegations concerning the filing and processing of a grievance (e. g. , that it was frivolous, untimely, or filed at the wrong level) would not state a cause of action for proceedings before the Public Employment Relations Commission. The Public Employment Relations Commission has long declined to assert jurisdiction to remedy violations of collective bargaining agreements through the unfair labor practice provisions of Chapter 41. 56 RCW. City of Walla Walla, Decision 104 (PECB, 1976) .

*          It was further noted that any actions by the union or an employee to invoke rights under a parallel "safety" statute administered by the Department of Labor and Industries would not be a basis for a finding that an unfair labor practice was committed under Chapter 41. 56 RCW.

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

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 4th day of January, 1995.

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.