Federal Way School District (International Union of Operating Engineers, Local 286), Decision 12853-A (PECB, 2018)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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Federal way school district,
Employer.
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gloria butts,
Complainant,
vs.
international union of operating engineers, Local 286,
Respondent.
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CASE 130011-U-18
DECISION 12853-A - PECB
DECISION OF COMMISSION
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Gloria Butts, the complainant.
On January 25, 2018, Gloria Butts filed an unfair labor practice complaint alleging the International Union of Operating Engineers, Local 286 (union) interfered with employee rights by breaching its duty of fair representation in violation of RCW 41.56.150(1). After reviewing the complaint pursuant to WAC 391-45-110, the Acting Unfair Labor Practice Manager issued a deficiency notice on February 16, 2018. On March 12, 2018, Butts filed an amended complaint, which consisted of the unfair labor practice (ULP) filing form and a letter to the Equal Employment Opportunity Commission. After reviewing the amended complaint, the Acting Unfair Labor Practice Manager dismissed the original and amended complaints on April 11, 2018.
On April 11, 2018, Butts appealed the dismissal of her complaints. On April 25, 2018, Butts filed an appeal brief. The union did not respond to the appeal.
The only issue this appeal presents is whether the complainant’s original and amended complaints state a cause of action or, in other words, whether the complainant has alleged sufficient facts to proceed to hearing.
An unfair labor practice complaint is reviewed under WAC 391-45-110 to determine whether the facts, as alleged, state a cause of action. All of the facts are assumed to be true and provable. Whatcom County, Decision 8245-A (PECB, 2004).
We have reviewed the original and amended complaints. The complaints do not state a cause of action. We affirm the Unfair Labor Practice Manager.
ORDER
The Order of Dismissal issued by Acting Unfair Labor Practice Manager Emily K. Whitney is AFFIRMED.
ISSUED at Olympia, Washington, this 7th day of June, 2018.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MARILYN GLENN SAYAN, Chairperson
MARK E. BRENNAN, Commissioner
MARK BUSTO, Commissioner