Port of Seattle, Decision 10025 (PECB, 2008)


                         STATE OF WASHINGTON
                                   
          BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
                                   
                                   
VIRGIE ARMSTRONG DAVIS,            )
                                   )
                    Complainant,   )    CASE 21539-U-08-5488
                                   )         
          vs.                      )    DECISION 10025 - PECB
                                   )
PORT OF SEATTLE,                   )    
                                   )    
                    Respondent.    )    ORDER OF DISMISSAL
___________________________________)


On February 21, 2008, Virgie Armstrong Davis (Davis) filed a
complaint charging unfair labor practices with the Public Employment
Relations Commission under Chapter 391-45 WAC, naming the Port of
Seattle (employer) as respondent.  The complaint was reviewed under
WAC 391-45-110,(fn:1) and a deficiency notice issued on February 25,
2008, indicated that it was not possible to conclude that a cause of
action existed at that time.  Davis was given a period of 21 days in
which to file and serve an amended complaint, or face dismissal of
the case.  
____________________
fn: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.


Davis 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 interference with
employee rights and discrimination in violation of RCW 41.56.140(1),
by its termination of Virgie Armstrong Davis (Davis) in reprisal for
union activities protected by Chapter 41.56 RCW.

The deficiency notice pointed out that the complaint was untimely
and thus defective.  

The Commission's jurisdiction in this case is governed by Chapter
41.56 RCW, which includes the following provision regarding the
filing of complaints:

          RCW 41.56.160--COMMISSION  TO PREVENT UNFAIR LABOR
     PRACTICES AND ISSUE REMEDIAL ORDERS AND CEASE AND DESIST
     ORDERS.  (1) The commission is empowered  and directed to
     prevent any unfair labor practice and to issue appropriate
     remedial orders:  PROVIDED, That a complaint shall not be
     processed for any unfair labor practice occurring more than six
     months before the filing of the complaint with the commission.

The complaint alleges that the employer committed an unfair labor
practice by terminating Davis on July 20, 2007.  Under the
provisions of RCW 41.56.160(1), Davis had until January 20, 2008, to
file a complaint with the Commission.  The complaint was filed on
February 21, 2008.  The complaint is untimely.

NOW, THEREFORE, it is 

                               ORDERED

The complaint charging unfair labor practices in Case
21539-U-08-5488 is DISMISSED for failure to state a cause of action.

ISSUED at Olympia, Washington, this  27th  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.