City of Seattle (International Association of Fire Fighters Local 27), Decision 13802 (PECB, 2024)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

Nathan Arnold, Attorney at Law, Arnold & Jacobowitz PLLC, for Jeffery Vale.

Alex J. Skalbania, Attorney at Law, Skalbania & Vinnedge, PSC, for the City of Seattle.

On January 22, 2024, Jeffery Vale (complainant) filed an unfair labor practice complaint against the International Association of Fire Fighters Local 27 (union). The complaint was reviewed under WAC 391-45-110.[1] A deficiency notice issued on February 9, 2024, notified Vale that a cause of action could not be found at that time because Vale failed to include a statement of facts with his complaint. Vale was given a period of 21 days in which to file and serve an amended complaint that included facts asserting an unfair labor practice within this Commission’s jurisdiction or face dismissal of the case. No further information has been filed by Vale.

ISSUE

The complaint alleges the following:

Unidentified unfair labor practices

The complaint did not include a statement of facts. The agency provided Vale an opportunity to file an amended complaint alleging violations within the Commission’s jurisdiction. Because Vale failed to file an amended complaint with a statement of facts alleging violations within the Commission’s jurisdiction, the complaint must be dismissed.

ANALYSIS

Applicable Legal Standards

Unlike the National Labor Relations Board, this agency does not investigate facts which are alleged in a complaint to determine if any collective bargaining statute has been violated. The complainant is responsible for the presentation of its case. See WAC 391-45-270. The requirements for the contents of the complaint are explained in WAC 391-45-050. Complaints must contain a statement of facts with numbered paragraphs. The statement of facts should include the times, dates, places, and participants in occurrences.

There is also a six-month statute of limitations for unfair labor practice complaints. “[A] complaint shall not be processed for any unfair labor practice occurring more than six months before the filing of the complaint with the commission.” RCW 41.56.160(1). The six-month statute of limitations begins to run when the complainant knows or should know of the violation. City of Bellevue, Decision 9343-A (PECB, 2007) (citing City of Bremerton, Decision 7739-A (PECB, 2003)). The start of the six-month period, also called the triggering event, occurs when a potential complainant has “actual or constructive notice of” the complained-of action. Emergency Dispatch Center, Decision 3255-B (PECB, 1990).

Application of Standards

Vale’s complaint must be dismissed because he failed to submit a detailed statement of facts that explained his complaint against the union. Vale filed his complaint on January 22, 2024. For the complaint to be timely filed, the complaint needed to allege facts that occurred on or after July 22, 2023.

Vale did not include a statement of facts with the complaint. The complainant only submitted an arbitration award dated January 12, 2024. Absent a statement of facts that explained how this document constituted an unfair labor practice under chapter 41.56 RCW, the complaint must be dismissed.

Order

The complaint charging unfair labor practices in the above-captioned matter is DISMISSED for failure to state a cause of action.

ISSUED at Olympia, Washington, this  14th  day of March, 2024.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

Dario de la Rosa, Unfair Labor Practice Administrator

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.