The above-captioned matter was docketed as of February 21, 1986, to cover the processing of unfair labor practice allegations (originally couched in terms of an affirmative defense or counter-claim in Case No. 6087-U-85-1140) made by the employer against the union. The employer was directed on March 27, 1985 to make the allegations more definite and certain, and an amended complaint was filed on April 14, 1986.

The amended complaint is now before the Executive Director for a preliminary ruling pursuant to WAC 391-45-110. At this stage of the proceedings, it must be assumed that all of the facts alleged are true and provable. The question at hand is whether the complaint (or any part thereof) states a cause of action for unfair labor practice proceedings before the Public Employment Relations Commission.

Paragraphs 1, 2 and 9 of the statement of facts set forth background information concerning the existence of a merit system covering the employees involved, and concerning the existence of a collective bargaining agreement covering the employees involved and making reference to the merit system.

Paragraph 3 of the statement of facts asserts rights of employees under the merit system and under the collective bargaining agreement. While the employees may have such rights, it does not appear that the employer has standing to assert such rights on their behalf. Accordingly, those allegations will not be referred to an examiner, and are dismissed.

Paragraphs 4, 5, 6 and 7 of the statement of facts concern demands by the union that the employer bargain on matters which are alleged to have been removed from the scope of mandatory collective bargaining under Chapter 41.56 RCW by operation of the merit system and/or the collective bargaining agreement. Those allegations state a cause of action for violation of RCW 41.56.150(4) and are referred to the examiner on that basis for further proceedings under Chapter 391-45 WAC. The employer lacks standing and the allegations fail to state a cause of action to the extent that they assert rights of employees arising from the employee-union relationship rather than rights arising out of the employer-union relationship.

Paragraph 8 of the statement of facts contains numerous facts but appears to boil down to an allegation that the union acted in bad faith by requesting further negotiations on the same day that it filed unfair labor practice charges against the employer, and then failing to communicate further after a response (which rejected the scope of negotiations sought by the union). Filing of unfair labor practice charges does not, in and of itself, give rise to a cause of action for unfair labor practice proceedings. On the other hand, an unfair labor practice by one party does not relieve other parties of their obligations of good faith under the statute. Thus, the examiner will consider the question of whether the union unlawfully shut down bargaining in this situation.

NOW, THEREFORE, it is

ORDERED

1.                  The allegations of the complaint are dismissed, for lack of standing of the filing party, to the extent that they allege violations by the union of employee rights arising from the merit system and/or from the collective bargaining agreement.

2.                  The allegations of the complaint relating to breach of the union's duty to bargain with the employer in good faith (including by insistence on bargaining of matters outside of the scope of mandatory collective bargaining) are referred to Examiner Kenneth J. Latsch of the Commission staff for further proceedings under Chapter 391-45 WAC consolidated with the proceedings in Case No. 6087-U-85-1140.

DATED at Olympia, Washington, this 28th day of April, 1986.

PUBLIC EMPLOYMENT

RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE

Executive Director

Paragraph 1 of this Order may be appealed by filing a petition for review with the Commission pursuant to WAC 391-45-350.