State - Corrections, Decision 12313 (PSRA, 2015)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
|
WAYNE JUDGE,
Complainant,
vs.
state - corrections,
Respondent.
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CASE 27012-U-15-6890
DECISION 12313 - PSRA
ORDER OF DISMISSAL
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On February 11, 2015, Wayne Judge (complainant) filed a letter that appeared to be a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, naming the Washington State Department of Corrections (employer) as the respondent. The complaint was reviewed under WAC 391-45-110.[1] A deficiency notice issued on March 6, 2015, indicated that there were procedural defects and that it was not possible to conclude that a cause of action existed at that time. The complainant was given a period of 21 days in which to file and serve an amended complaint or face dismissal of the case.
No further information has been filed by the complainant. The Unfair Labor Practice Manager dismisses the complaint for failure to comply with the filing rules and state a cause of action.
DEFICIENCIES
The requirements for filing a complaint charging unfair labor practices (ULP) are described in WAC 391-45-050.
Numbered Paragraphs
Complaints must contain numbered paragraphs. In this case the complainant submitted a three-page letter without any numbering. Numbering is important to allow the respondent to reference specific allegations within the complaint.
ULP Complaint Form
The complainant did not utilize the ULP case filing form and as a result did not provide all of the required information identifying the parties or the collective bargaining relationship.
Remedy Sought
A complaint must state the remedy that is being sought. The complaint in this case does not describe what actions the complainant is requesting to remedy the unfair labor practice allegations.
Sections of the Revised Code of Washington (RCW) Alleged to be Violated
The complaint contains general references to unfair labor practices but does not indicate what type of unfair labor practices are alleged.
NOW, THEREFORE, it is
ORDERED
The complaint charging unfair labor practices in the above captioned matter is DISMISSED for failure to comply with agency filing rules and state a cause of action.
ISSUED at Olympia, Washington, this 10th day of April, 2015.
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.
[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.