King County, Decision 13242-A (PECB, 2020)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
Him Yeung, Complainant, vs. King County, Respondent. |
CASE 132932-U-20 DECISION 13242-A - PECB Decision of Commission |
Him Yeung, the complainant.
Susan N. Slonecker, Senior Deputy Prosecuting Attorney, and Kelsey Schirman, Deputy Prosecuting Attorney, King County Prosecuting Attorney Daniel T. Satterberg for King County.
On July 24, 2020, Him Yeung (complainant) filed an unfair labor practice complaint against King County (employer). The complainant filed an amended complaint on July 29, 2020. An Unfair Labor Practice Administrator issued a deficiency notice on August 13, 2020. The complainant filed an amended complaint on September 3, 2020. After reviewing the filings, the Unfair Labor Practice Administrator dismissed the complaint on September 24, 2020. King County, Decision 13242 (PECB, 2020).
The complainant filed a timely appeal. The complainant’s notice of appeal included arguments as to why a cause of action should be found. The complainant did not file an appeal brief. On November 2, 2020, the employer filed a response brief. On November 10, 2020, the complainant filed a motion to file a reply and a reply brief to the employer’s response brief.
Issues
This appeal presents two questions. First, should we grant the complainant’s motion to file the reply brief? Second, does the complaint state a cause of action, or in other words, whether the complainant has alleged sufficient facts to proceed to hearing?
Analysis
Applicable Legal Standard
Standard of Review
In unfair labor practice proceedings, the ultimate burdens of pleading, prosecution, and proof lie with the complainant. State – Office of the Governor, Decision 10948-A (PSRA, 2011) (citing City of Seattle, Decision 8313-B (PECB, 2004)). 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 true and provable. Whatcom County, Decision 8245-A (PECB, 2004).
Conclusion
We grant the complainant’s motion to file a reply brief. We have reviewed the complaint, amended complaints, notice of appeal, and briefing. We agree with the Unfair Labor Practice Administrator, the complaints do not state a cause of action. We affirm the Unfair Labor Practice Administrator.
Order
The Order of Dismissal issued by Unfair Labor Practice Administrator Emily K. Whitney is AFFIRMED.
ISSUED at Olympia, Washington, this 15th day of December, 2020.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MARILYN GLENN SAYAN, Chairperson
MARK BUSTO, Commissioner
KENNETH J. PEDERSEN, Commissioner