State - Liquor Control Board, Decision 11105 (PSRA, 2011)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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washington public employees association,
Complainant,
vs.
state - liquor control board,
Respondent.
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CASE 24007-U-11-6140
DECISION 11105 - PSRA
ORDER OF DISMISSAL
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On May 24, 2011, the Washington Public Employees Association (union) filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, naming the Washington State Liquor Control Board (employer) as respondent. The complaint was reviewed under WAC 391-45-110,[1] and a deficiency notice issued on May 27, 2011, 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 interference with employee rights in violation of RCW 41.80.110(1)(a), by its interference with Barb Sumner’s right to union representation during a Loudermill hearing.
The deficiency notice pointed out the defect to the complaint.
The complaint solely concerns allegations involving a Loudermill hearing, and the Commission does not have jurisdiction. The Commission asserts jurisdiction in matters involving employees’ Weingarten rights in connection with investigatory interviews. However, the Commission declines to extend the collective bargaining process and its unfair labor practice procedures to enforce the constitutional due process rights on which Loudermill is based. Okanogan County, Decision 2252-A (PECB, 1986); City of Bellevue, Decision 4324-A (PECB, 1994). The union must seek relief through the contractual grievance process or the courts.
NOW, THEREFORE, it is
ORDERED
The complaint charging unfair labor practices in Case 24007-U-11-6140 is DISMISSED for failure to state a cause of action.
ISSUED at Olympia, Washington, this 24th day of June, 2011.
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.