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STATE OF WASHENGTON |
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BEFORE THE PUBLIC EMPLOYMENTRELATIONS COMMISSION |
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SPOKANE COUNTY, |
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Employer. |
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MATHEW EDWARD MAGEE, |
CASE 12354-U-96-2926 |
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Complainant, |
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vs. |
DECISION 5526 - PECB |
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WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES, |
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Respondent. |
ORDER OF DISMISSAL |
The above-captioned unfair labor practice case was docketed on the basis of a letter filed with the Commission on February 27, 1996. The case came before the Executive Director for processing pursuant to WAC 391-45-110 ,[1] and a preliminary ruling letter issued on April 3, 1996, pointed out several problems with the documents on file:
1. The complaint was filed in the form of a letter addressed to the Commission. While the use of the complaint form promulgated by the agency is not mandatory, it is useful to obtain all of the information required for the docketing and processing of a case.
2. The complaint appears to be untimely. RCW 41.56.160(1) provides that a complaint charging unfair labor practices cannot be processed if filed more than six months after the acts or events at issue. In this case, all of the actions appear to have occurred in 1993 and 1994.
3. The complaint appears to deal with enforcement of an amnesty agreement, and so would be outside of the Commission's jurisdiction even if it were timely. The Commission does not assert jurisdiction to remedy violations of contracts through the unfair labor practice provisions of the statute. City of Walla Walla. Decision 104 (PECB, 1976).
4. The complaint appears to allege a breach of the duty of fair representation in connection with the processing of a grievance, and so would be outside of the Commission's jurisdiction even if it were timely. The Commission does not assert jurisdiction over "breach of duty of fair representation" claims arising exclusively out of the processing of contractual grievances. Mukilteo School District (Public School Employees of Washington), Decision 1381 (PECB, 1982).
The complainant was given a period of 14 days in which to file and serve an amended complaint, or face dismissal of the case. Nothing further has been heard or received from the complainant, so it appears that the case should be dismissed.
NOW, THEREFORE, it is
ORDERED
The complaint charging unfair labor practices filed in the above-captioned matter is DISMISSED.
Issued at Olympia, Washington, on the 22nd day of May, 1996.
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 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.