Puyallup School District, Decision 13844 (PECB, 2024)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
cherlyn merz, Complainant, vs. puyallup school district, Respondent. |
CASE 138377-U-24 DECISION 13844 - PECB order of dismissal |
Cherlyn Merz, the complainant.
Lorraine Wilson and Sharan Singh, Attorneys at Law, Porter Foster Rorick LLP for the Puyallup School District.
On February 21, 2024, Cherlyn Merz (complainant) filed an unfair labor practice complaint against the Puyallup School District (employer). The complaint was reviewed under WAC 391-45-110.[1] A deficiency notice issued on March 27, 2024, notified Merz that a cause of action could not be found at that time. Merz 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 Merz. The Unfair Labor Practice Administrator dismisses the complaint for failure to state a cause of action.
ISSUE
The complaint alleges the following:
Employer violating collective bargaining agreement bid system and asserting grievance is untimely.
The complaint is dismissed. It does not allege facts related to the types of violations that can be raised before PERC.
Background
Cherlyn Merz is a Custodian at the Puyallup School District (employer) and is represented by the International Union of Operating Engineers Local 302 (union). The union and employer are parties to a collective bargaining agreement effective September 1, 2022, through August 31, 2025.
The complaint alleges the employer interviewed for the Facility Operations Manager position and allegedly bypassed the bid system. On January 8, 2024, a grievance was filed related to the interview for the Facility Operations Manager position and bypassing the bid system. On January 12, 2024, the Assistant Superintendent of Human Resources and Employer Relations, Amie Brandmire, allegedly replied to the grievance asserting it was untimely and allegedly cautioned Merz to watch what Merz said in regard to the principal. The union allegedly received the January 12 communications. On January 18, 2024, Merz responded and informed Brandmire that Brandmire allegedly put in writing how the district had disregarded the collective bargaining agreement. There has allegedly not been a response from the employer since Merz’s January 18 response. The union also allegedly has had no response after the January 12 response from the employer.
ANALYSIS
Violations of the Grievance Procedure and CBA
Applicable Legal Standard
A complaint must comply with the agency’s filing rule, WAC 391-45-050. The complaint must contain a statement of facts with numbered paragraphs. The statement of facts should include:
• Specific allegations that constitute a violation of state law and required elements. For a list of types of violations that may be raised before PERC and the required elements please visit: https://perc.wa.gov/ulp-employee-filing/;
• Times, dates, and places of occurrences and the names of the participants in a chronological order that explains the alleged unfair labor practices;
• Whether a related grievance has been filed and its status. If you do not know if a grievance has been filed, please indicate so;
• A description of the remedies requested.
These requirements are necessary to put the respondent on notice of the alleged unfair labor practice and to allow the respondent to reference specific allegations within the complaint when filing an answer.
It is worth noting that PERC’s jurisdiction is limited to labor relations disputes. The Commission has consistently refused to resolve “violation of contract” allegations or attempts to enforce a provision of a collective bargaining agreement through the unfair labor practice provisions it administers. Anacortes School District, Decision 2464-A (EDUC, 1986) (citing City of Walla Walla, Decision 104 (PECB, 1976)). The Commission interprets and administers collective bargaining statutes but does not act in the role of arbitrator to interpret or enforce collective bargaining agreements. State – Corrections (Teamsters Local 313), Decision 8581 (PSRA, 2004) (citing Clallam County, Decision 607-A (PECB, 1979); City of Seattle, Decision 3470-A (PECB, 1990); Bremerton School District, Decision 5722-A (PECB, 1997)).
An unfair labor practice complaint is not the appropriate avenue to address alleged violations of the parties’ CBA. The CBA can be enforced through the contractual grievance procedure or through the courts.
Just because the complaint does not state a cause of action for an unfair labor practice, it does not necessarily mean the allegations involve lawful activity. It means that the issues are not matters within the purview of PERC. Tacoma School District (Tacoma Education Association), Decision 5086-A (EDUC, 1995).
Application of Standard
The statement of facts alleges the employer interviewed for the Facility Operations Manager position bypassing the bid system. It also alleges the employer denied the grievance as untimely. After Merz’s correspondence on January 18, the employer has not responded. PERC does not have jurisdiction to resolve “violation of contract” allegations or attempts to enforce a provision of a collective bargaining agreement.
Merz was provided an opportunity to correct the deficiency and did not file an amended complaint. The original complaint continues to fail to allege facts related to the types of violations that may be raised before PERC.
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 16th day of May, 2024.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
Emily K. Whitney, 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.
[1] At this stage of the proceedings, all of the facts alleged in the complaint or amended 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.