King County, Decisions 6710 and 6711 (PECB, 1999)
On June 12, 1998, Helen A. Stanwell filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, alleging that Service Employees International Union, Local 6 (union), had committed unfair labor practices in violation of the Public Employees Collective Bargaining Act, Chapter 41.56 RCW, in connection with her rights as an employee of King County (employer).Specifically, Stanwell alleged that the union mishandled her grievance after she filed “whistleblower” complaints with the King County Ombudsman.
On July 22, 1998, Stanwell submitted an amended complaint which alleged that employer had committed interference, domination, and discrimination violations. Consistent with Commission practices which require a separate case for each respondent, the amended complaint was docketed as Case 14116-U-98-3500.
A deficiency notice issued on September 9, 1998, under WAC 391-45-110, pointed out several problems with the complaints, as filed. It was noted that the Commission does not have jurisdiction to determine and remedy discrimination on the basis of sex, and that the Commission does not assert jurisdiction to remedy violations of collective bargaining agreements through the unfair labor practice provisions of the statute. City of Walla Walla, Decision 104 (PECB, 1976).Stanwell was given 14 days in which to file and serve an amended complaint which stated a cause of action, or face dismissal of the complaints. Nothing further has been received from the complainant.
NOW, THEREFORE, it is
ORDERED
The above-captioned complaints charging unfair labor practices are DISMISSED for failure to state a cause of action.
Issued at Olympia, Washington, this 15th day of June, 1999.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
[SIGNED]
MARVIN L. SCHURKE, Executive Director
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.