City of Chelan, Decision 6266 (PECB, 1998)

The complaint charging unfair labor practices filed in the above-captioned matter on October 6, 1997, was considered by the Executive Director under WAC 391-45-110.[1] A deficiency notice issued on December 8, 1997, pointed out problems with the complaint and gave the complainant a 14-day period in which to amend or face dismissal. Nothing further was received from the complainant.

DISCUSSION:

On its face, this complaint suggested that the union negotiated a wage increase which benefitted union members over bargaining unit employees who were not union members. Such allegations would state a cause of action, but documents filed in support of the complaint raised a serious question as to whether bargaining unit members were favored over employees outside of the bargaining unit. These conflicting interpretations were pointed out to the complainant in the deficiency notice.

A union does not owe a duty of fair representation to employees outside of the bargaining unit it represents, and such employees have no cause of action against a union that is successful in negotiating wage increases greater than are unilaterally granted by the employer to its non-represented employees. The Executive Director is not at liberty to fill in gaps or make leaps of logic, but neither is he compelled to ignore internal inconsistencies in a complaint. In the absence of any explanation in response to the deficiency notice, this complaint fails to state a cause of action.

NOW, THEREFORE, it is

ORDERED

The complaint charging unfair labor practices in this matter is DISMISSED for failure to state a cause of action.

Issued at Olympia, Washington, this 16^th day of April, 1998.

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.