Snohomish Public Hospital District 2 (Service Employees
International Union, Local 1199NW), Decision 10067 (PECB, 2008)


                         STATE OF WASHINGTON
                                   
          BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
                                   
                                   
SNOHOMISH PUBLIC HOSPITAL          )
DISTRICT 1,                        )
                                   )
                    Employer.      )
-----------------------------------)
JODY VELABORJA,                    )
                                   )
                    Complainant,   )    CASE 21609-U-08-5512
                                   )         
          vs.                      )    DECISION 10067 - PECB
                                   )
SERVICE EMPLOYEES INTERNATIONAL    )
UNION, LOCAL 1199NW,               )    
                                   )
                    Respondent.    )    ORDER OF DISMISSAL
___________________________________)


On March 25, 2008, Jody Velaborja (Velaborja) filed a complaint
charging unfair labor practices with the Public Employment Relations
Commission under Chapter 391-45 WAC, naming the Service Employees
International Union, Local 1199NW (union) as respondent.  The
complaint was reviewed under WAC 391-45-110,(fn:1) and a deficiency
notice issued on March 31, 2008, indicated that it was not possible
to conclude that a cause of action existed at that time.  Velaborja
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.


Velaborja 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 union interference with
employee rights in violation of RCW 41.56.150(1), by breach of its
duty of fair representation in its failure to pursue a grievance on
behalf of Velaborja.  The deficiency notice pointed out the defects
to the complaint.

One, the Commission does not assert jurisdiction over "breach of
duty of fair representation" claims arising exclusively out of the
processing of contractual grievances.   While a union does owe a
duty of fair representation to bargaining unit employees with
respect to the processing of grievances, such claims must be pursued
before a court which can assert jurisdiction to determine (and
remedy, if appropriate) any underlying contract violation.  

Two, the following statute applies to the filing of unfair labor
practice 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 was filed on March 25, 2008.  Allegations of
violations subject to remedial orders by the Commission must have
occurred on or after September 25, 2007.  The information attached
to the complaint indicates that Velaborja was removed from her
position on March 3, 2007, and that she was aware that the union had
not filed a grievance at the end of March 2007.  The complaint is
untimely.    

NOW, THEREFORE, it is 

                               ORDERED

The complaint charging unfair labor practices in Case
21609-U-08-5512 is DISMISSED for failure to state a cause of action.

ISSUED at Olympia, Washington, this  12th  day of May, 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.