DECISIONS

State – Social and Health Services (Washington Federation of State Employees), Decision 12191 (PSRA, 2014)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

On August 22, 2014, Boullt filed complaints charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, naming the Department of Social and Health Services (employer) and the Washington Federation of State Employees (union) as respondents.  Boullt amended the complaints on August 25, 2014.  The amended complaints were reviewed under WAC 391-45-110.^[1] A deficiency notice issued on September 11, 2014, indicated that it was not possible to conclude that a cause of action existed at that time.  The complaints were consolidated for further processing.  Boullt was given a period of 21 days in which to file and serve amended complaints, or face dismissal of the cases. 

Boullt did not file second amended complaints in response to the deficiency notice.  The Unfair Labor Practice Manager dismisses the amended complaints for failure to state a cause of action.

DISCUSSION

The allegations in Case 26699-U-14-6805 concern union interference with employee rights in violation of RCW 41.80.110(2)(a), by breach of its duty of fair representation regarding the processing of grievances. 

The allegations in Case 26700-U-14-6806 concern employer violations of Chapter 41.80 RCW, by its actions toward Ronita Boullt concerning disability accommodation, change in scheduled work hours, disability separation from employment, and delay in processing of a shared leave request. 

It is not possible to conclude that causes of action exist for the allegations of the complaints.

Substantive Defects

Regarding claims against the union, Boullt alleges that the union failed to file grievances on her behalf.  The Public Employment Relations Commission has jurisdiction over violations of collective bargaining statutes in the State of Washington.  The Commission does not have jurisdiction to remedy violations of collective bargaining agreements.  Although unions have a duty of fair representation to their members, the Commission does not have jurisdiction over alleged breaches of that duty arising out of the grievance and arbitration provisions of collective bargaining agreements.  The amended complaint in Case 26699-U-14-6805 does not provide facts showing that the union’s failure to file a grievance is actionable under Chapter 41.80 RCW.  Boullt can seek a remedy through internal union procedures or the courts.

Regarding claims against the employer, Boullt does not provide evidence that any of the adverse actions taken by the employer (lack of disability accommodation, change in scheduled work hours, disability separation from employment, and delay in processing of a shared leave request) had a causal connection to any protected union activities.  The Commission cannot address allegations of contractual violations, including hostile work environment and overtime.  The amended complaint in Case 26700-U-14-6806 does not state a cause of action under Chapter 41.80 RCW.  Boullt can seek a remedy through the courts, the Equal Employment Opportunity Commission, or the Washington State Human Rights Commission.

Procedural Defects

WAC 391-45-050 (rule) governs the filing of unfair labor practice complaints.  In addition to substantive defects the complaint has a number of procedural defects.  The original version of the complaint that was submitted by email on August 22, 2014, was not properly filed because the original paper filed by email attachment was not mailed to the Commission’s office as required by WAC 391-08-120(2)(c).  Because the complaint that Boullt submitted by email on August 25, 2014, is not a copy of the same document that was submitted by email on August 22, 2014, the complaint filed on August 25, 2014, will be referred to as an amended complaint. 

The amended complaint is signed and the relevant statute is identified through the attached collective bargaining agreement.  However, the amended complaint does not identify the parties and their representatives, there is no clear and concise statement of the facts in numbered paragraphs, and there is no remedy request.  Neither the complaints nor the amended complaints represent complete and proper filings.

CONCLUSION

The Public Employment Relations Commission only has jurisdiction over certain employer-employee relationships.  The Commission’s jurisdiction is limited to the resolution of collective bargaining disputes between employers, employees, and unions.  The agency does not have authority to resolve all disputes that might arise in public employment.  Tacoma School District, Decision 5086-A (EDUC, 1995).  Unions are private organizations.  The Commission generally does not get involved in internal union affairs.  Western Washington University (Washington Public Employees Association), Decision 8849-B (PSRA, 2006).  If the allegations do not rise to the level of an unfair labor practice, that does not necessarily mean the allegations involve lawful activity.  It means that the issues are not matters within the purview of the Commission.  Tacoma School District, Decision 5086-A.

Assuming all the facts were true and provable, the complaints and amended complaints do not state a cause of action. 

NOW, THEREFORE, it is

                                                                     ORDERED

The complaints and amended complaints charging unfair labor practices in the above captioned matters are DISMISSED for failure to state a cause of action.

ISSUED at Olympia, Washington, this  29th  day of October, 2014.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

JESSICA J. BRADLEY, 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.