On March 8, 1995, Karen A. McKinney-Robinson filed a complaint charging unfair labor practices with the Public Employment Relations Commission, alleging that the City of Seattle violated RCW 41.56.140(1) and (3) by holding a meeting with the complainant on March 1, 1995, wherein she was not provided an opportunity to have a union representative present.

In a preliminary ruling letter dated March 27, 1995,[1] the parties were directed to WAC 391-45-050(3), which requires a complainant to supply a detailed statement of facts upon which the Executive Director may make a determination. Specifically, it was noted that it was not clear whether the meeting was investigatory in nature, whether the complainant made a request for union representation, or whether such request was refused. The complaint, in fact, was susceptible of an interpretation that the meeting was not investigatory in nature but merely held for the purpose of advising the complainant she was being placed on administrative leave pending further investigation of possible fraud. The complainant was given a period of 14 days in which to file and serve the necessary clarification, or face dismissal of the complaint.

The complainant filed a response to the preliminary ruling letter on April 6, 1995. From that supplemental submission, it does not appear that the March 1, 1995 meeting at issue was investigatory in nature. Rather, the sole purpose of that meeting appears to have been to provide the complainant with written notice that she was being placed on administrative leave pending an investigation by the employer of questions relative to possible falsification of pay records and unauthorized payment of employer funds.

Based upon the supplemental information filed by the complainant, the complaint does not state a claim for relief available through unfair labor practice proceedings before the Public Employment Relations Commission. There is no obligation upon an employer to permit the presence of a union representative at a meeting of the type described by the complainant in this case. See, Pierce County Fire District, Decision 3334 (PECB, 1989).

NOW, THEREFORE, it is

ORDERED

The complaint charging unfair labor practices filed in the above captioned matter is DISMISSED.

PUBLIC EMPLOYMENT RELATIONS COMMISIONS

[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.