Pierce County (AFSCME, Council 2), Decision 10386 (PECB, 2009)


                         STATE OF WASHINGTON
                                   
          BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
                                   
                                   
PIERCE COUNTY,                     )
                                   )
                    Employer.      )
                                   )
-----------------------------------)
                                   )
DOUGLAS JOHNSON,                   )
                                   )
                    Complainant,   )    CASE 22358-U-09-5702
                                   )         
          vs.                      )    DECISION 10386 - PECB
                                   )
AFSCME, COUNCIL 2,                 )    
                                   )    
                    Respondent.    )    ORDER OF DISMISSAL
___________________________________)


On March 30, 2009, Douglas Johnson (Johnson) filed a complaint
charging unfair labor practices with the Public Employment Relations
Commission under Chapter 391-45 WAC, naming AFSCME, Council 2
(union) as respondent.  Pierce County (employer) was not a party to
the action.  The complaint was reviewed under WAC 391-45-110,(fn:1) and
a deficiency notice issued on April 2, 2009, indicated that it was
not possible to conclude that a cause of action existed at that
time.  Johnson 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.

Johnson 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), in connection with
negotiations with the employer over terms and conditions for
corrections sergeants in a collective bargaining agreement, and
representations by union officials to the sergeants concerning the 
negotiations.

The deficiency notice pointed out the defects to the complaint. 

Johnson filed the complaint on behalf of himself and other
sergeants.  However, Commission rules do not permit class action
complaints.  Individual employees must file their own unfair labor
practice complaints.  The complaint is limited to allegations
concerning Johnson.

The process used by a union to decide what proposals to accept in
collective bargaining negotiations is purely of a union's own
creation.  Such process is part of a union's internal affairs and is
often controlled by a union's constitution and/or bylaws.  The
constitution and bylaws of a union are the contracts among the
members of a union for how the organization is to be operated.  The
Commission has no jurisdiction in this arena.  Disputes concerning
alleged violations of the constitution and bylaws of a union must be
resolved through internal procedures of the union or the courts.  In
addition, a union is not required under state collective bargaining
laws to negotiate provisions in a collective bargaining agreement
providing the same level of benefits or rights to all
union-represented employees. 

The claim that union representatives misled the sergeants concerning
terms of the collective bargaining agreement is also an internal
union matter involving the contract between the union and its
members for the internal operations of the union.  The Commission
has no jurisdiction in this matter.  Johnson must seek redress
through internal union procedures or the courts.

NOW, THEREFORE, it is 

                               ORDERED

The complaint charging unfair labor practices in Case
22358-U-09-5702 is DISMISSED for failure to state a cause of action.

ISSUED at Olympia, Washington, this  1st  day of May, 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.