A preliminary ruling was issued in the captioned matters on August 5, 1983 (Decision 1679 - PECB), wherein it was concluded that the captioned matters fail to state a cause of action for unfair labor practice proceedings before the Public Employment Relations Commission. The complainant was given a period of time to file and serve an amended complaint. The complainant requested and was given additional time to respond. On August 25, 1983, the complainant filed correspondence concerning the complaint against the employer (Case No. 4564-U-83-745), as follows:

The violation is amended to include Section 41.56.080.

The charges are amended to show that there was collusion between the Employer (Tacoma Public Library) and the Union (Local 120) which caused me to be fired in that I was not given any representation by the Union when requested to do so, as required by the statute, Section 41.56.080.

The remedy requested is amended to show status quo ante on my removal until the Union represents me in accordance with the Statute, Section 41.56.080.

and on the same date filed correspondence concerning the complaint aginst the union (Case No. 4565-U-83-746), as follows:

The Violation is amended to include Section 41.56.080.

The charges are amended to show that the Union refused to represent me in accordance with the Statute, Section 41.56.080, which caused me to be fired.

The remedy requested is amended to show status quo ante on my removal until the Union represents me in accordance with the Statute, Section 41.56.080.

In each case, the remedy request is for restoration of the status quo ante until the union provided representation in accordance with RCW 41.56.080.

Neither amendment cures the defects noted in the preliminary ruling previously issued in these matters. The allegation of "collusion" leveled at the employer is related only to the allegations against the union for its refusal to represent the complainant. The situation continues to be controlled by the decision in Mukilteo School District, Decision 1381 (PECB, 1982), as described in the preliminary ruling, and the dispute continues to be of a nature subject to resolution in the Courts rather than in administrative proceedings before the Public Employment Relations Commission.

NOW, THEREFORE, it is

ORDERED

The complaints charging unfair labor practices filed in the above-entitled matters are dismissed for failure to state a cause of action.

DATED at Olympia, Washington this 6th day of September, 1983.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGN]

MARVIN L. SCHURKE, Executive Director