City of Port Angeles, Decision 10445 (PECB, 2009)


                         STATE OF WASHINGTON
                                   
          BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
                                   
                                   
INTERNATIONAL BROTHERHOOD OF       )
ELECTRICAL WORKERS, LOCAL 997,     )
                                   )    
                    Complainant,   )    CASE 22470-U-09-5738
                                   )    
          vs.                      )    DECISION 10445 - PECB
                                   )
CITY OF PORT ANGELES,              )    PRELIMINARY RULING
                                   )    AND ORDER OF PARTIAL
                    Respondent.    )    DISMISSAL
___________________________________)

On May 13, 2009, the International Brotherhood of Electrical
Workers, Local 997 (union) filed a complaint charging unfair labor
practices with the Public Employment Relations Commission under
Chapter 391-45 WAC, naming the City of Port Angeles (employer) as
respondent.  The complaint was reviewed under WAC 391-45-110,(fn:1) and
a deficiency notice issued on May 19, 2009, indicated that it was
not possible to conclude that a cause of action existed at that time
for some of the allegations of the complaint.  The union was given a
period of 21 days in which to file and serve an amended complaint or
face dismissal of the defective allegations.  The union has not
filed any further information.
____________________
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.


The Unfair Labor Practice Manager dismisses the allegations of the
complaint concerning employer discrimination for failure to state a
cause of action, and finds causes of action for the allegations of
the complaint concerning independent employer interference.  The
employer must file and serve its answer to complaint within 21 days
following the date of this decision.

DISCUSSION

The allegations of the complaint concern:  

     Employer interference with employee rights and discrimination
     in violation of RCW 41.56.140(1), by threats of reprisal or
     force or promises of benefit made by employer official Mr.
     Klarr, Light Operations Manager (Klarr), to Richard Hixson on
     November 14, 2008, and to George Drake and Bruce Rowley on
     April 3, 2009, concerning the filing of grievances by the union.

The deficiency notice pointed out the defects to the complaint
concerning employer discrimination.  It is an unfair labor practice
for an employer to deprive employees of ascertainable rights,
status, or benefits in reprisal for union activities protected by
Chapter 41.56 RCW.  The statement of facts references Klarr's threat
of discipline, but does not indicate that employees have been
disciplined or actually deprived of other rights, status, or
benefits.   

NOW, THEREFORE, it is 

                               ORDERED

1.   Assuming all of the facts alleged to be true and provable, the
     following allegations of the complaint state a cause of action,
     summarized as follows:
          Employer interference with employee rights in violation of
          RCW 41.56.140(1), by threats of reprisal or force or
          promises of benefit made by employer official Mr. Klarr,
          Light Operations Manager, to Richard Hixson on November
          14, 2008, and to George Drake and Bruce Rowley on April 3,
          2009, concerning the filing of  grievances by the union.
     
     These allegations of the complaint will be the subject of
     further proceedings under Chapter 391-45 WAC.

2.   The City of Port Angeles shall:

          File and serve its answer to the allegations listed in
          paragraph 1 of this Order, within 21 days following the
          date of this Order.

     An answer shall:

     a.   Specifically admit, deny or explain each fact alleged in
          the complaint, except if a respondent states it is without
          knowledge of the fact, that statement will operate as a
          denial; and

     b.   Assert any affirmative defenses that are claimed to exist
          in the matter.

     The answer shall be filed with the Commission at its Olympia
     office.  A copy of the answer shall be served on the attorney
     or principal representative of the person or organization that
     filed the complaint.  Service shall be completed no later than
     the day of filing.  Except for good cause shown, a failure to
     file an answer within the time specified, or the failure to
     file an answer to specifically deny or explain a fact alleged
     in the complaint, will be deemed to be an admission that the
     fact is true as alleged in the complaint, and as a waiver of a
     hearing as to the facts so admitted.  WAC 391-45-210.

3.   The allegations of employer discrimination in violation of RCW
     41.56.140(1) are DISMISSED for failure to state a cause of action.

ISSUED at Olympia, Washington, this  17th  day of June, 2009.


                    PUBLIC EMPLOYMENT RELATIONS COMMISSION



                    DAVID I. GEDROSE, Unfair Labor Practice Manager


Paragraph 3 of this order will be 
the final order of the agency on 
any defective allegations unless 
a notice of appeal is filed with 
the Commission under WAC 391-45-350.