City of Port Angeles, Decision 10445 (PECB, 2009)
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STATE OF WASHINGTON BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION |
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Complainant, |
CASE 22470-U-09-5738 |
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vs. |
DECISION 10445 - PECB |
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AND ORDER OF PARTIAL DISMISSAL |
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Respondent. |
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On May 13, 2009, the International Brotherhood of Electrical Workers, Local 997 (union) filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, naming the City of Port Angeles (employer) as respondent. The complaint was reviewed under WAC 391-45-110,[1] and a deficiency notice issued on May 19, 2009, indicated that it was not possible to conclude that a cause of action existed at that time for some of the allegations of the complaint. The union was given a period of 21 days in which to file and serve an amended complaint or face dismissal of the defective allegations. The union has not filed any further information.
The Unfair Labor Practice Manager dismisses the allegations of the complaint concerning employer discrimination for failure to state a cause of action, and finds causes of action for the allegations of the complaint concerning independent employer interference. The employer must file and serve its answer to complaint within 21 days following the date of this decision.
DISCUSSION
The allegations of the complaint concern:
Employer interference with employee rights and discrimination in violation of RCW 41.56.140(1), by threats of reprisal or force or promises of benefit made by employer official Mr. Klarr, Light Operations Manager (Klarr), to Richard Hixson on November 14, 2008, and to George Drake and Bruce Rowley on April 3, 2009, concerning the filing of grievances by the union.
The deficiency notice pointed out the defects to the complaint concerning employer discrimination. It is an unfair labor practice for an employer to deprive employees of ascertainable rights, status, or benefits in reprisal for union activities protected by Chapter 41.56 RCW. The statement of facts references Klarr's threat of discipline, but does not indicate that employees have been disciplined or actually deprived of other rights, status, or benefits.
NOW, THEREFORE, it is
ORDERED
1 Assuming all of the facts alleged to be true and provable, the following allegations of the complaint state a cause of action, summarized as follows:
Employer interference with employee rights in violation of RCW 41.56.140(1), by threats of reprisal or force or promises of benefit made by employer official Mr. Klarr, Light Operations Manager, to Richard Hixson on November 14, 2008, and to George Drake and Bruce Rowley on April 3, 2009, concerning the filing of grievances by the union.
These allegations of the complaint will be the subject of further proceedings under Chapter 391-45 WAC.
2 The City of Port Angeles 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. WAC 391‑45‑210.
3 The allegations of employer discrimination in violation of RCW 41.56.140(1) are DISMISSED for failure to state a cause of action.
ISSUED at Olympia, Washington, this 17th day of June, 2009.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
[SIGNED]
DAVID I. GEDROSE, Unfair Labor Practice Manager
Paragraph 3 of this order will be
the final order of the agency on
any defective allegations 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 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.