State - Social and Health Services, Decision 10364 (PSRA, 2009)



                         STATE OF WASHINGTON
                                   
          BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
                                   
                                   
AUNA NELSON,                       )
                                   )
                    Complainant,   )    CASE 22330-U-09-5693
                                   )         
          vs.                      )    DECISION 10364 - PSRA
                                   )
WASHINGTON STATE - SOCIAL AND      )
HEALTH SERVICES,                   )    
                                   )    ORDER OF DISMISSAL
                    Respondent.    )
___________________________________)


On March 11, 2009, Auna Nelson (Nelson) filed a complaint charging
unfair labor practices with the Public Employment Relations
Commission under Chapter 391-45 WAC, naming the Washington State
Department of Social and Health Services (employer) as respondent. 
The complaint was reviewed under WAC 391-45-110,(fn:1) and a deficiency
notice issued on March 13, 2009, indicated that it was not possible
to conclude that a cause of action existed at that time.  Nelson 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.


Nelson 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 in violation of RCW 41.80.110(1)(a), domination or
assistance of a union in violation of RCW 41.80.110(1)(b), and
discrimination for filing charges in violation of RCW
41.80.110(1)(d), by its actions toward Auna Nelson. 

The deficiency notice pointed out the defects to the complaint.  The
Commission has no jurisdiction in this case.  The name "Public
Employment Relations Commission" is sometimes interpreted as
implying a broader scope of authority than is actually conferred
upon the agency by statute.  The agency does not have authority to
resolve each and every dispute that might arise in public
employment, but only has jurisdiction to resolve collective
bargaining disputes between employers, employees, and unions. 

Under RCW 41.80.110(1)(a), it is an unfair labor practice for an
employer to interfere with the collective bargaining rights of
employees who engage in protected union activity.  Nelson has not
alleged that she participated in union activity and that the
employer's actions were a result of that activity.

Under RCW 41.80.110(1)(b), it is an unfair labor practice for an
employer to dominate or interfere with a union.  Nelson provides no
facts indicating that employer has involved itself in the internal
affairs or finances of the union, or that the employer has attempted
to create, fund, or control a "company union."

Under RCW 41.80.110(1)(d), it is an unfair labor practice for an
employer to discriminate against an employee who has previously
filed an unfair labor practice complaint with the Commission or
given testimony before the Commission.  Nelson provides no facts
indicating that she has previously filed a complaint or given
testimony before the Commission.

NOW, THEREFORE, it is 

                               ORDERED

The complaint charging unfair labor practices in Case
22330-U-09-5693 is DISMISSED for failure to state a cause of action.

ISSUED at Olympia, Washington, this  13th  day of April, 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.