Chelan County Public Hospital, Decision 7251 (PECB, 2001)

The complaint charging unfair labor practices in the above-referenced matter was filed with the Public Employment Relations Commission by UFCW, Local 1001 (union) on July 17, 2000.The complaint alleged that Chelan County Public Hospital (employer) interfered with employee rights and discriminated in violation of RCW 41.56.140(1), dominated or assisted the union in viola­tion of RCW 41.56.140(2), and refused to bargain in violation of RCW 41.56.140(4), by reducing the hours of Georgia Tull in reprisal for her union activities protected by Chapter 41.56 RCW.

The complaint was reviewed und­er WAC 391-45-110.[1]A deficiency notice was issued on November 14, 2000, indicating that it is not possible to conclude that a cause of action exists at this time for the allegations of employer domination or assistance of union in violation of RCW 41.56.140(2).The deficiency notice stated that none of the facts alleged in the complaint suggest that the employer has involved itself in the internal affairs or finances of the union, or that the employer has attempted to create, fund, or control a "company union". See, City of Anacortes, Decision 6863 (PECB, 1999).

The deficiency notice indicated that the interference, discrimi­nation, and refusal to bargain allegations of the complaint under RCW 41.56.140(1) ­and (4) appear to state a cause of action, and will be assigned to an examiner for further proceed­ings under Chapter 391-45 WAC, after the union has an opportu­nity to respond to the deficiency notice.

The deficiency notice advised the union that an amended com­plaint could be filed and served within 21 days following such notice, and that any materials filed as an amended complaint would be reviewed under WAC 391-45-110 to determine if they stated a cause of action. The deficiency notice further advised the union that in the absence of a timely amendment stating a cause of action, the allegations concerning employer domination or assistance of the union in violation of RCW 41.56.140(2) would be dismissed. Nothing further has been received from the union.

NOW THEREFORE, it is

ORDERED

1.                  Assuming all of the facts alleged to be true and provable, the interference, discrimination, and refusal to bargain allegations of the complaint state a cause of action, summarized as follows:

Employer interference with employee rights and discrimination in violation of RCW 41.56.140(­1), and refusal to bargain in violation of RCW 41.56.140(4), by reducing the hours of Georgia Tull in reprisal for her union activities protected by Chapter 41.56 RCW.

The interference, discrimination, and refusal to bargain allegations of the complaint will be the subject of further proceedings under Chapter 391-45 WAC.

2.                  Chelan County Public Hospital shall:

File and serve its answer to the allegations listed in paragraph 1 of this Order, within 21 days following the date of this Order.

An answer shall:

a.                   Specifically admit, deny or explain each fact alleged in the complaint, except if a respondent states it is without knowledge of the fact, that statement will operate as a denial; and

b.                  Assert any affirmative defenses that are claimed to exist in the matter.

The answer shall be filed with the Commission at its Olympia office. A copy of the answer shall be served on the attorney or principal representative of the person or organization that filed the complaint. Service shall be completed no later than the day of filing. Except for good cause shown, a failure to file an answer within the time specified, or the failure to file an answer to specifically deny or explain a fact alleged in the complaint, will be deemed to be an admission that the fact is true as alleged in the complaint, and as a waiver of a hearing as to the facts so admitted. See, WAC 391‑45‑210.

3.                  The allegation of the complaint concerning employer domination or assistance of the union in violation of RCW 41.56.140(2) is DISMISSED for failure to state a cause of action.

ISSUED at Olympia, Washington, this 10^th day of January, 2001.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARK S. DOWNING, Director of Administration

Paragraph 3 of this order will be the final order of the agency on any defective allegations, unlessa notice of appeal is filed with the Commission under WAC 391-45-350.