DECISIONS

Decision Information

Kittitas Public Hospital District 2 (IAFF Local 4880), Decision 12108 (PECB, 2014)

Collection DECISIONS
Date 07/10/2014
Case Number 26490-U-14
Decision Maker ULP Manager
Case Type Unfair Labor Practice
Statute PECB - RCW 41.56

Decision Content

Kittitas Public Hospital District 2 (International Association of Fire Fighters, Local 4880), Decision 12108 (PECB, 2014)

 

STATE OF WASHINGTON

 

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

 

KITTITAS PUBLIC HOSPITAL

DISTRICT 2,

 

                                                Employer.

 


KIM STEWART,

 

Complainant,

 

vs.

 

INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS, LOCAL 4880,

 

Respondent.

 

 

 

 

 

CASE 26490-U-14-6763

 

DECISION 12108 - PECB

 

 

ORDER OF DISMISSAL

 

 

On May 20, 2014, Kim Stewart (Stewart) filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, naming International Association of Fire Fighters, Local 4880 (union) as respondent.  The complaint was reviewed under WAC 391-45-110,[1] and a deficiency notice issued on May 28, 2014, indicated that it was not possible to conclude that a cause of action existed at that time.  Stewart was given a period of 21 days in which to file and serve an amended complaint or face dismissal of the case. 

 

Stewart 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 threats of reprisal or force or promises of benefit made to Stewart in association with union activities; and union inducement of an employer to commit an unfair labor practice in violation of RCW 41.56.150(2) [and derivative interference in violation of RCW 41.56.150(1)], by requesting termination of Stewart’s employment, in reprisal for union activities protected by Chapter 41.56 RCW.  The employer is not a party to this complaint.  The deficiency notice pointed out the procedural defect to the complaint. 

 

WAC 391-45-050 requires complaints to contain numbered paragraphs.  The statement of facts does not have numbered paragraphs, and the complaint cannot be processed in its present format.  Stewart should file an amended complaint curing the defect.

 

NOW, THEREFORE, it is

 

                                                                    ORDERED

 

The complaint charging unfair labor practices in Case 26490-U-14-6763 is DISMISSED for failure to state a cause of action.

 

ISSUED at Olympia, Washington, this  10th  day of July, 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.

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