Federal Way School District, Decision 13010-A (PECB, 2019)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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Gloria butts,
Complainant,
vs.
federal way school district,
Respondent.
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CASE 131413-U-19
DECISION 13010-A - PECB
DECISION OF COMMISSION
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gloria butts,
Complainant,
vs.
public school employees of washington,
Respondent.
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CASE 131414-U-19
DECISION 13011-A - PECB
DECISION OF COMMISSION
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Gloria Butts, the complainant.
Alexandria Sheridan, General Counsel, for the Federal Way School District.
Elyse B. Maffeo, General Counsel, for the Public School Employees of Washington.
On March 28, 2019, Gloria Butts (complainant) filed an unfair labor practice complaint against the Federal Way School District (employer) and the Public School Employees of Washington (union). As the complaint contained allegations against two respondents, unique case numbers were assigned but the cases were jointly processed. After reviewing the complaints pursuant to WAC 391-45-110, the Unfair Labor Practice Administrator issued a deficiency notice on April 25, 2019. In the deficiency notice, the Unfair Labor Practice Administrator explained the deficiencies in the complaints. The Unfair Labor Practice Administrator provided the complainant three options: (1) file an amended complaint within 21 days; (2) file nothing and have the complaint dismissed; or (3) withdraw the complaint.
The complainant did not file an amended complaint. On May 24, 2019, the Unfair Labor Practice Administrator dismissed the complaints. Federal Way School District, Decision 13010 (PECB, 2019).
The complainant did not file an appeal brief. The union did not file a response brief. The employer filed a response brief. In its brief, the employer stated that the complainant did not serve the employer with the notice of appeal.
“Documents filed with the agency shall be served upon all parties on the same day documents are filed.” WAC 391-08-120(3). The complainant did not include a certificate of service when she filed her notice of appeal. The Commission applies its rules equally to complainants represented by counsel and those appearing pro se. City of Bellingham (Washington State Council of County and City Employees, Council 2), Decision 11422-A (PECB, 2013); Port of Seattle (IBEW, Local 46), Decision 7604-A (PECB, 2002); Seattle Public Health Hospital (American Federation of Government Employees, Local 1170), Decision 1781-B (PECB, 1984).
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 facts are assumed to be true and provable. Whatcom County, Decision 8245-A (PECB, 2004).
We have reviewed the complaints. The complaints do not state a cause of action. We affirm the Unfair Labor Practice Administrator. Further, we dismiss the appeal for failure to serve the employer with the notice of appeal.
ORDER
The Order of Dismissal issued by Unfair Labor Practice Administrator Dario de la Rosa is AFFIRMED.
ISSUED at Olympia, Washington, this 8th day of August, 2019.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MARILYN GLENN SAYAN, Chairperson
MARK BUSTO, Commissioner
KENNETH J. PEDERSEN, Commissioner