Sound Transit, Decision 12029 (PECB, 2014)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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Teamsters Local 174,
Complainant,
vs.
SOUND TRANSIT,
Respondent.
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CASE 26335-U-14-6721
DECISION 12029 - PECB
ORDER OF DISMISSAL
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On March 6, 2014, Teamsters Local 174 (union) filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, naming Sound Transit (employer) as respondent. The complaint was reviewed under WAC 391-45-110,[1] and a deficiency notice issued on March 14, 2014, 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 are unclear. The parties appear to have a collective bargaining agreement covered by Chapter 41.56 RCW. The deficiency notice pointed out the defects to the complaint.
WAC 391-45-050 governs the filing of unfair labor practice complaints. The complaint does not contain a clear and concise statement of facts as required by WAC 391-45-050(2). The brief remedy request is insufficient for the purposes of WAC 391-45-050(3). The complaint does not indicate the sections of Chapter 41.56 RCW that the employer allegedly violated, as required by WAC 391-45-050(6).
The union provides an outline and a brief letter that appear to concern grievances and violations of the collective bargaining agreement. The Commission does not have jurisdiction to adjudicate the resolution of grievances and alleged contract violations. The union must seek remedies for those matters through the grievance and arbitration procedures of the collective bargaining agreement or through the civil courts.
NOW, THEREFORE, it is
ORDERED
The complaint charging unfair labor practices in Case 26335-U-14-6721 is DISMISSED for failure to state a cause of action.
ISSUED at Olympia, Washington, this 15th day of April, 2014.
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.