King County, Decision 12083 (PECB, 2014)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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PUGET SOUND POLICE MANAGERS ASSOCIATION,
Complainant,
vs.
KING COUNTY,
Respondent.
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CASE 26439-U-14-6743
DECISION 12083- PECB
ORDER OF DISMISSAL
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On April 28, 2014, Puget Sound Police Managers Association (union) filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, naming King County (employer) as respondent. The complaint was reviewed under WAC 391-45-110,[1] and a deficiency notice issued on May 1, 2014, indicated that it was not possible to conclude that a cause of action existed at that time. The union was given a period of 21 days in which to file and serve an amended complaint or face dismissal of the case.
The union has not filed any further information. The Unfair Labor Practice Manager dismisses the complaint for failure to state a cause of action.
DISCUSSION
The allegations of the complaint concern employer violations of the collective bargaining agreement and the King County Code, regarding Captain DJ Nesel. The deficiency notice pointed out the defects to the complaint.
The union alleges that the employer has violated the collective bargaining agreement between the union and the employer, as well as violating the King County Code, in its actions toward Captain DJ Nesel. The Public Employment Relations Commission does not have jurisdiction over contract disputes or the King County Code. The statement of facts makes legal claims of retaliation and discrimination. The Commission has jurisdiction only over retaliation and discrimination claims arising from alleged violations of collective bargaining statutes, in this case, Chapter 41.56 RCW (statute). The statement of facts does not provide any indication that the alleged retaliation and discrimination violated the statute. The Commission does not have jurisdiction in this matter, and the union must seek remedies through the arbitration and grievance provisions of the collective bargaining agreement or through the courts.
NOW, THEREFORE, it is
ORDERED
The complaint charging unfair labor practices in Case 26439-U-14-6743 is DISMISSED for failure to state a cause of action.
ISSUED at Olympia, Washington, this 6th day of June, 2014.
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.