Community College District 8 - Bellevue (Bellevue Community
College Association of Higher Education), Decision 10021 (CCOL, 2008)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
ANDREW JOHNSON, )
)
Complainant, ) CASE 21529-U-08-5483
)
vs. ) DECISION 10021 - CCOL
)
BELLEVUE COMMUNITY COLLEGE )
ASSOCIATION OF HIGHER EDUCATION )
OFFICERS AND EXECUTIVE COUNCIL, )
)
Respondent. ) ORDER OF DISMISSAL
___________________________________)
)
ANDREW JOHNSON, )
)
Complainant, ) CASE 21532-U-08-5486
)
vs. ) DECISION 10022 - CCOL
)
BELLEVUE COMMUNITY COLLEGE )
ASSOCIATION OF HIGHER EDUCATION, )
)
Respondent. ) ORDER OF DISMISSAL
___________________________________)
On February 12, 2008, Andrew Johnson (Johnson) filed a complaint
under Chapter 391-45 WAC charging unfair labor practices with the
Commission concerning allegations against the Bellevue Community
College Association of Higher Education Officers and Executive
Council (union council). The Commission docketed the complaint as
Case 21529-U-08-5483. Johnson also filed an identical complaint
against the Bellevue Community College Association of Higher
Education (union). The Commission docketed the complaint as Case
21532-U-08-5486. Community College District 8 - Bellevue (employer)
is not a party to either case. The complaints were reviewed under
WAC 391-45-110,(fn:1) and a deficiency notice issued on February 22,
2008, indicated that it was not possible to conclude that causes of
action existed at that time. Johnson was given a period of 21 days
in which to file and serve amended complaints, or face dismissal of
the cases.
____________________
fn:1 At this stage of the proceedings, all of the facts alleged in
the complaints are assumed to be true and provable. The question at
hand is whether, as a matter of law, the complaints state a claim
for relief available through unfair labor practice proceedings
before the Public Employment Relations Commission.
Johnson has not filed any further information. The Unfair Labor
Practice Manager dismisses the complaints for failures to state
causes of action.
DISCUSSION
Complaint against Union Council
The allegations of the complaint in Case 21529-U-08-5483 concern
union council interference with employee rights in violation of RCW
28B.52.073(2)(a), refusal to bargain in violation of RCW
28B.52.073(2)(d), and unspecified "other unfair labor practices."
Complaint against Union
The allegations of the complaint in Case 21532-U-08-5486 are
identical to the allegations in Case 21529-U-08-5483.
The deficiency notice pointed out the defects to the complaints.
First, Chapter 28B.52 RCW applies to these cases. RCW 28B.52.065
authorizes the Commission to adjudicate unfair labor practices under
the chapter. RCW 28B.52.020(1) defines employee organizations:
(1) "Employee organization" means any organization which
includes as members the academic employees of a college
district and which has as one of its purposes the
representation of the employees in their employment relations
with the college district.
RCW 28B.52.020(7) defines an exclusive bargaining representative:
(7) "Exclusive bargaining representative" means any
employee organization which has:
(a) Been certified or recognized under this chapter as the
representative of the employees in an appropriate collective
bargaining unit; or
(b) Before July 26, 1987, been certified or recognized
under a predecessor statute as the representative of the
employees in a bargaining unit which continues to be
appropriate under this chapter.
RCW 28B.52.073(2) proscribes unfair labor practices by employee
organizations. The complaints identify the same person as the
respondents' representative. The statements of facts attached to
the complaints further indicate that the union council and union
comprise one employee organization, not two. The union, not the
union council, would be the exclusive bargaining representative of
academic employees of the employer. Johnson provides no statutory
basis for the complaint against the union council.
Second, Chapter 391-45 WAC governs the filing of unfair labor
practice complaints and appeals. Complaints must conform to WAC
391-45-050.
WAC 391-45-050 CONTENTS OF COMPLAINT
Each complaint charging unfair labor practices shall contain,
in separate numbered paragraphs:
. . . .
(2) Clear and concise statements of the facts constituting
the alleged unfair labor practices, including times, dates,
places and participants in occurrences.
(3) A statement of the remedy sought by the complainant.
The complaints do not include clear and concise statements of facts
containing information on times, dates, places, and participants in
the alleged unfair labor practices. The complaints do not contain
statements of requested remedies.
Third, regarding the allegation of union interference, it is an
unfair labor practice for an employee organization to interfere with
employee rights protected under Chapter 28B RCW. The complaints
allege that the union and union council have violated Johnson's
employee rights concerning the election of program chairs in the
business division. The statements of facts and documents attached
to them refer to union and union council actions regarding the
program chair elections. The elections are apparently an internal
union process. The Commission has no authority to intervene in
internal union affairs. The union's administration of its internal
elections is a matter of the union's own creation. Matters related
to a union's constitution or by-laws are contracts between the union
and its members. Disputes concerning alleged violations of such
contracts are beyond the jurisdiction of the Commission and must be
resolved through internal union procedures or the courts. Seattle
School District, Decision 9359-A (EDUC, 2007).
Fourth, regarding the refusal to bargain allegations, the duty to
bargain under Chapter 28B.52 RCW exists only between an employer and
the incumbent exclusive bargaining representative of its employees.
The refusal to bargain provisions of RCW 28B.52.073 can only be
enforced by a union or employer. Individual employees such as
Johnson do not have standing to process refusal to bargain allegations.
Fifth, regarding "other unfair labor practices," Johnson does not
identify the facts, legal basis, or statutes related to these
unspecified allegations.
NOW, THEREFORE, it is
ORDERED
The complaints charging unfair labor practices in Case
21529-U-08-5483 and Case 21532-U-08-5486 are DISMISSED for failures
to state causes of action.
ISSUED at Olympia, Washington, this 26th day of March, 2008.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
DAVID I. GEDROSE, Unfair Labor Practice Manager
This order will be the final order of the
agency unless a notice of appeal is filed
with the Commission under WAC 391-45-350.