|
STATE OF WASHINGTON |
|
|
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION |
|
|
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 286, |
|
|
|
CASE 11692-U-95-2752 |
|
Complainant, |
|
|
|
DECISION 5194 – PECB |
|
vs. |
|
|
CITY OF BUCKLEY, |
|
|
Respondent. |
ORDER OF DISMISSAL |
On April 10, 1995, Operating Engineers Local 286 filed a complaint charging unfair labor practices with the Public Employment Relations Commission, alleging that the City of Buckley had violated RCW 41.56.140. The statement of facts filed with the complaint in this case consists of a single paragraph. The case generally involves an alleged refusal to bargain by the employer. The allegations touch on a variety of actions and positions taken by the employer over an unspecified period, in the course of negotiations for a successor collective bargaining agreement. A preliminary ruling letter was issued on May 18, 1995, pursuant to WAC 391-45-110,[1] advised the parties that certain problems existed with the complaint, as filed.
As part of the preliminary ruling process, the Executive Director must implement the statutory six-month statute of limitations set forth in RCW 41.56.160. While this complaint might have been timely as to some alleged incidents dated in March, 1995, it was impossible to form an opinion about the sufficiency of other undated allegations concerning the onset of the parties negotiations for a collective bargaining agreement.
The attention of the parties was also directed to WAC 391-45-050, which provides:
Each complaint shall contain in separate numbered paragraphs,
…
(3) Clear and concise statements of the facts constituting the alleged unfair labor practices, including times, dates, places and participants in occurrences.
The union was given a period of 14 days following the date of the preliminary ruling letter to file and serve an amended complaint which states a cause of action, or face dismissal of its complaint. Nothing further has been received from the union.
NOW THEREFORE, it is
ORDERED
The complaint charging unfair labor practices filed in the above matter is hereby DISMISSED.
DATED at Olympia, Washington, this 17th day of July, 1995.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
[SIGNED]
MARVIN L. SCHURKE, Executive Director
This order will be the final order of the agency unless appealed by filing a petition for review with the Commission pursuant to WAC 391-45-350.
[1] At that 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 the law, the complaint states a claim for relief available through unfair labor practice proceedings before the Public Employment Relations Commission.