University of Washington, Decision 10330 (PSRA, 2009)


                         STATE OF WASHINGTON
                                   
          BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
                                   
                                   
MICHAEL NERVIK,                    )
                                   )
                    Complainant,   )    CASE 22250-U-09-5677
                                   )         
          vs.                      )    DECISION 10330 - PSRA
                                   )
UNIVERSITY OF WASHINGTON,          )    
                                   )
                    Respondent.    )    ORDER OF DISMISSAL  
___________________________________)


On January 22, 2009, Michael Nervik (Nervik) filed a complaint
charging unfair labor practices with the Public Employment Relations
Commission under Chapter 391-45 WAC, naming the University of
Washington (employer) as respondent.  The complaint was reviewed
under WAC 391-45-110,(fn:1) and a deficiency notice issued on February
10, 2009, indicated that it was not possible to conclude that a
cause of action existed at that time.  Nervik 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.


Nervik 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 refusal to bargain
in violation of RCW 41.80.110(1)(e) [and if so, derivative
"interference" in violation of RCW 41.80.110(1)(a)], by its refusal
to provide relevant information requested by the union concerning 
grievances.

The deficiency notice pointed out that the complaint was
procedurally defective.  Chapter 391-45 WAC governs the filing and
processing of unfair labor practice complaints.  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:
               (1) Information identifying the parties and (if
          known) their representatives, including:
               . . . .
               (c) The name, address, telephone number, fax number,
          and e-mail address of the party filing the complaint
          (complainant), and the name, address, telephone number,
          fax number, and e-mail address of its principal 
          representative.
               . . . .
               (4) The name, signature and, if any, title of the
          person filing the complaint, and the date of the signature.

Only an exclusive bargaining representative has standing to file a
complaint alleging employer refusal to bargain in violation of RCW
41.80.110(1)(e).  The collective bargaining agreement identifies the
Washington Federation of State Employees (WFSE) as the exclusive
bargaining representative for the employees involved in this
complaint.  While the complaint contains the contact information for
the complainant's representative, Nervik, it does not do so for
WFSE.  In addition, Nervik did not sign and date the complaint.
               
NOW, THEREFORE, it is 

                               ORDERED

The complaint charging unfair labor practices in the above captioned
matter is DISMISSED for failure to state a cause of action.

ISSUED at Olympia, Washington, this  11th  day of March, 2009.


                    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.