King County (Amalgamated Transit Union Local 587), Decision 13243-A (PECB, 2020)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

Him Yeung, the complainant.

Ken Price, President, for the Amalgamated Transit Union Local 587.

On July 24, 2020, Him Yeung (complainant) filed an unfair labor practice complaint against Amalgamated Transit Union Local 587 (union). The complainant filed an amended complaint on July 29, 2020. An Unfair Labor Practice Administrator issued a deficiency notice on August 13, 2020. The complainant filed an amended complaint on September 3, 2020. After reviewing the filings, the Unfair Labor Practice Administrator dismissed the complaint on September 24, 2020. King County (Amalgamated Transit Union Local 587), Decision 13243 (PECB, 2020).

The complainant filed a timely appeal. The complainant’s notice of appeal included arguments as to why a cause of action should be found. The complainant did not file an appeal brief. The union did not file a brief. On November 10, 2020, the complainant filed a motion to file a reply and a reply brief to the employer’s response brief in case 132933-U-20.

Issues

This appeal presents two questions. First, should we grant the complainant’s motion to file the reply brief? Second, does the complaint state a cause of action, or in other words, whether the complainant has alleged sufficient facts to proceed to hearing?

Analysis

Applicable Legal Standard

Standard of Review

In unfair labor practice proceedings, the ultimate burdens of pleading, prosecution, and proof lie with the complainant. State – Office of the Governor, Decision 10948-A (PSRA, 2011) (citing City of Seattle, Decision 8313-B (PECB, 2004)). An unfair labor practice complaint is reviewed under WAC 391-45-110 to determine whether the facts, as alleged, state a cause of action. All facts are assumed true and provable. Whatcom County, Decision 8245-A (PECB, 2004).

Conclusion

We grant the complainant’s motion to file a reply brief. We have reviewed the complaint, amended complaints, notice of appeal, and briefing. We agree with the Unfair Labor Practice Administrator, the complaints do not state a cause of action. We affirm the Unfair Labor Practice Administrator.

Order

The Order of Dismissal issued by Unfair Labor Practice Administrator Emily K. Whitney is AFFIRMED.

ISSUED at Olympia, Washington, this  15th  day of December, 2020.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

MARILYN GLENN SAYAN, Chairperson

MARK BUSTO, Commissioner

KENNETH J. PEDERSEN, Commissioner