Snohomish County PUD, Decision 5804 (PECB, 1997)
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STATE OF WASHINGTON |
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BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION |
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INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 77, |
CASE 12843-U-96-3071 |
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Complainant, |
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vs. |
DECISION 5804 - PECB |
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SNOHOMISH COUNTY PUD 1, |
ORDER OF DISMISSAL |
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Respondent. |
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The complaint charging unfair labor practices was filed in the above-captioned matter on November 26, 1996. The allegations concern the employer’s discharge of employee Sherrie Holmes. A copy of the parties’ collective bargaining agreement was filed with the complaint.
A preliminary ruling letter issued on December 16, 1996, pursuant to WAC 391-45-110,[1] noted that the Public Employment Relations Commission does not assert jurisdiction to remedy violations of collective bargaining agreements through the unfair labor practice provisions of the statute,[2] and that the Commission does not assert jurisdiction over allegations of discrimination on the basis of sex. In the absence of any allegations relating the discharge to union activity protected by Chapter 41.56 RCW, it was concluded that the complaint failed to state a cause of action, as filed. The complainant was given 14 days in which to file and serve an amended complaint, or face dismissal of this case.
Nothing further has been received from the complainant.
NOW, THEREFORE, it is
ORDERED
The complaint charging unfair labor practices in the above-captioned matter is DISMISSED as failing to state a cause of action.
ISSUED at Olympia, Washington, this 17th day of January, 1997.
PUBLIC EMPLOYMENT RELATIONS 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.
[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.
[2] City of Walla Walla. Decision 104 (PECB, 1976).