DECISIONS

Decision Information

City of Vancouver, Decision 10613 (PECB, 2009)

Collection DECISIONS
Date 12/01/2009
Case Number 22815-U-09
Decision Maker ULP Manager
Case Type Unfair Labor Practice
Statute PECB - RCW 41.56

Decision Content

City of Vancouver, Decision 10613 (PECB, 2009)

 

STATE OF WASHINGTON

 

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

 

 

OFFICE AND PROFESSIONAL EmPLOYEES INTERNATIONAL UNION, LOCAL 11,

 

Complainant,

 

vs.

 

CITY OF VANCOUVER,

 

Respondent.

 

 

 

 

CASE 22815-U-09-5825

 

DECISION 10613 - PECB

 

 

ORDER OF DISMISSAL

 

 

 

On October 23, 2009, the Office and Professional Employees International Union, Local 11 (union) filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, naming the City of Vancouver (employer) as respondent.  The complaint was reviewed under WAC 391-45-110,[1] and a deficiency notice issued on October 28, 2009, indicated that it was not possible to conclude that a cause of action existed at that time.  The union was given a period of 21 days in which to file and serve an amended complaint or face dismissal of the case. 

 

The union has not filed any further information.  The Unfair Labor Practice Manager dismisses the complaint for failure to state a cause of action.

 

DISCUSSION

 

The allegations of the complaint concern employer refusal to bargain in violation of RCW 41.56.140(4) [and if so, derivative interference in violation of RCW 41.56.140(1)], by breach of its good faith bargaining obligations in negotiating a successor collective bargaining agreement.

The deficiency notice pointed out the defects to the complaint.  Complaints must conform to the provisions of WAC 391-45-050.  Neither the complaint form nor the brief summary attached to the complaint do so; thus, they do not provide sufficient authorization and information for the Commission to process this case.

 

NOW, THEREFORE, it is

 

                                                                    ORDERED

 

The complaint charging unfair labor practices in Case 22815-U-09-5825 is DISMISSED for failure to state a cause of action.

 

ISSUED at Olympia, Washington, this  1st  day of December, 2009.

 

 

PUBLIC EMPLOYMENT RELATIONS COMMISSION

 

 

 

 

DAVID I. GEDROSE, Unfair Labor Practice Manager

 

 

This order will be the final order of the

agency unless a notice of appeal is filed

with the Commission under 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.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.