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STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

JORJA HANKINS,

 

Complainant,

CASE 9564-U-92-2140

vs.

DECISION 4052 - PECB

STEVENS COUNTY,

ORDER OF DISMISSAL

Respondent.

 

On January 6, 1992, Jorja Hankins filed a complaint charging unfair labor practices with the Public Employment Relations Commission, seeking to "lodge a grievance" with respect to certain matters arising out of her employment relationship with Stevens County. The complaint appeared to concern curtailment of medical insurance benefits received by Hankins in the course of her employment.

A preliminary ruling letter directed to the complainant on January 15, 1992, noted several problems with her complaint, as filed. Those included procedural problems, such as an apparent lack of service of the complaint on the employer and a lack of the details required by WAC 391-45-050, as well as a difficulty in discerning the specifics of the complaint from the documents filed. The complainant was also informed of that an allegation relating to December, 1990, appeared to be untimely under RCW 41.56.160, which provides that the Commission may not process a complaint concerning events which occurred more than six months prior to filing. With respect to the allegation concerning the timing and means of notice of a substantial increase in medical premiums on December 13, 1991, the complainant was informed that the matter did not appear to state a cause of action for proceedings before the Commission. It was noted that an employer is required to bargain with the exclusive bargaining representative of its organized employees, under Chapter 41.56 RCW, before making changes in the wages, hours, and working conditions of those employees, but that those requirements are not applicable to unrepresented employees. The complainant is unrepresented and, absent any allegation of antiunion discrimination, the complainant was informed that her allegations did not appear to state a cause of action.

The complainant was given a period of 14 days following the date of the letter in which to file and serve an amended complaint stating a cause of action, or face dismissal of her complaint. Nothing further has been received from the complainant.

NOW, THEREFORE, it is

ORDERED

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

Dated at Olympia, Washington, this 28th day of April, 1992.

PUBLIC EMPLOYMENT

RELATION COMMISSION

[SIGNED]

MARVIN L. SCHURKE

Executive Director

This order may be appealed by
filing a petition for review
with the Commission pursuant
to WAC 391-45-350.

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