Highline School District, Decision 11746 (PECB, 2013)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
|
ROBERT CALDWELL,
Complainant,
vs.
HIGHLINE SCHOOL DISTRICT,
Respondent.
|
CASE 25591-U-13-6563
DECISION 11746 - PECB
ORDER OF DISMISSAL
|
On March 22, 2013, Robert Caldwell (Caldwell) filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, naming the Highline School District as respondent. The complaint was reviewed under WAC 391-45-110,[1] and a deficiency notice issued on April 3, 2013, indicated that it was not possible to conclude that a cause of action existed at that time. Caldwell was given a period of 21 days in which to file and serve an amended complaint or face dismissal of the case.
On April 8, 2013, Caldwell filed a document requesting to amend the complaint. The Unfair Labor Practice Manager dismisses the amended complaint for failure to state a cause of action.
On April 15, 2013, the employer filed a response to Caldwell’s complaint of March 22; however, that response was premature and unnecessary and was not reviewed or considered in this Order of Dismissal.
DISCUSSION
The allegations of the complaint concern employer discrimination (and if so, derivative interference) in violation of RCW 41.56.140(1), by actions toward Caldwell under the Americans with Disabilities Act.
The deficiency notice pointed out the defects to the complaint.
The Public Employment Relations Commission has authority under Chapter 41.56 RCW to resolve collective bargaining disputes, including unfair labor practice complaints filed under that statute. The Commission has no jurisdiction over claims concerning the Americans with Disabilities Act. The complaint contains no information about possible violations of Caldwell’s collective bargaining rights. The Commission does not have jurisdiction in this case; Caldwell must seek relief through human rights agencies and/or the courts.
Amended Complaint
The document filed by Caldwell on April 8, 2013, requesting to amend the complaint consists of one paragraph alleging that the employer violated a collective bargaining agreement (contract) between Caldwell’s union and the employer. The paragraph does not conform to the requirements of WAC 391-45-050. Caldwell does not have standing as an individual employee to bring a breach of contract action against the employer. The Commission does not have jurisdiction over breach of contract disputes. The April 8 document is both procedurally and substantively deficient and does not cure the defects to the complaint.
NOW, THEREFORE, it is
ORDERED
The amended complaint charging unfair labor practices in Case 25591-U-13-6563 is DISMISSED for failure to state a cause of action.
ISSUED at Olympia, Washington, this 7th day of May, 2013.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
DAVID I. GEDROSE, Unfair Labor Practice Manager
This will be the final order of the agency 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.