DECISIONS

Decision Information

King County (ATU Local 587), Decision 11945 (PECB, 2013)

Collection DECISIONS
Date 12/04/2013
Case Number 26052-U-13
Decision Maker ULP Manager
Case Type Unfair Labor Practice
Statute PECB - RCW 41.56

Decision Content

King County (Amalgamated Transit Union, Local 587), Decision 11945 (PECB, 2013)

 

STATE OF WASHINGTON

 

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

 

KING COUNTY,                             

 

                                                Employer.

 

John amato,

 

Complainant,

 

vs.

 

amalgamated transit union,
local 587,

 

Respondent.

 

 

 

 

 

 

CASE 26052-U-13-6665

 

DECISION 11945 - PECB

 

 

ORDER OF DISMISSAL

 

 

 

On October 29, 2013, John Amato (Amato) filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, naming Amalgamated Transit Union, Local 587 (union) as respondent.  The employer is not a party to the dispute.  The complaint was reviewed under WAC 391-45-110,[1] and a deficiency notice issued on November 6, 2013, indicated that it was not possible to conclude that a cause of action existed at that time.  Amato was given a period of 21 days in which to file and serve an amended complaint or face dismissal of the case. 

                                                                                        

Amato 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 union interference with employee rights in violation of RCW 41.56.150(1), by its actions toward Amato. The deficiency notice pointed out the defects to the complaint. 

Amato alleges that during a shift pick, the union interfered “with my rights outlined in the collective bargaining agreement.”  The Public Employment Relations Commission has jurisdiction over collective bargaining statutes, but does not have jurisdiction over the interpretation of collective bargaining agreements (CBA).  Amato alleges that the union violated the CBA during a shift pick on August 25, 2013.  The Commission does not have jurisdiction.  Amato must seek relief through internal union procedures or the courts.

 

NOW, THEREFORE, it is

 

                                                                    ORDERED

 

The complaint charging unfair labor practices in Case 26052-U-13-6665 is DISMISSED for failure to state a cause of action.

 

ISSUED at Olympia, Washington, this  4th  day of December, 2013.

 

 

PUBLIC EMPLOYMENT RELATIONS COMMISSION

 

 

 

 

DAVID I. GEDROSE, Unfair Labor Practice Manager

 

 

This 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.

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