King County (Amalgamated Transit Union Local 587), Decision 13453-A (PECB, 2022)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
| king county, Employer. |
|
| chuck lare, Complainant, vs. amalgamated transit union local 587, Respondent. |
CASE 134523-U-21 DECISION 13453-A - PECB decision of Commission |
Charles Lare, the complainant.
Jon Howard Rosen, Attorney at Law, The Rosen Law Firm, for the Amalgamated Transit Union Local 587.
On October 6, 2021, Charles (Chuck) Lare (complainant) filed an unfair labor practice complaint against the Amalgamated Transit Union Local 587 (union). The allegations of the complaint concern conduct during an internal union election. On November 9, 2021, Unfair Labor Practice Administrator Emily K. Whitney (Administrator) issued a deficiency notice explaining why the complaint did not qualify for further processing.
On November 30, 2021, the complainant filed an amended complaint. After reviewing the amended complaint, the Administrator dismissed the complaint and amended complaint. King County, Decision 13453 (PECB, 2021). The complaints concerned internal union matters, which are not within the Commission’s jurisdiction. Id. Additionally, the Administrator found that the complaints lacked sufficient facts to find a cause of action for union interference, union discrimination, or a breach of the union’s duty of fair representation. Id.
On January 10, 2022, the complainant filed a timely notice of appeal. The complainant filed an appeal brief. The union filed a response brief.
The issue before the Commission is whether the facts, as alleged, are sufficient to state a cause of action.
An unfair labor practice complaint is reviewed under WAC 391-45-110 to determine whether the facts, as alleged, state a cause of action under chapter 41.56 RCW. All alleged facts are assumed true and provable. Whatcom County, Decision 8245-A (PECB, 2004).
We reviewed the complaints. The complaints do not state a cause of action under the statutes administered by the Commission.
Order
The Order of Dismissal issued by the Unfair Labor Practice Administrator is AFFIRMED.
ISSUED at Olympia, Washington, this 12th day of May, 2022.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MARILYN GLENN SAYAN, Chairperson
MARK BUSTO, Commissioner
KENNETH J. PEDERSEN, Commissioner
This order will be the final order of the
agency unless a notice of appeal is filed
with the Commission under RCW 34.05.542.