STATE - LABOR AND INDUSTRIES
and
JOHN E. PETRUZZELLI

DECISION 10491 (PSRA)

John Petruzzelli filed an unfair labor practice complaint against the employer under RCW 41.80.110(1) alleging interference, discrimination, and refusal to bargain, following his termination. His interference claim included the allegation that he was denied union representation during an investigative interview. The allegation was untimely. He further alleged that the employer violated his rights under the American with Disabilities Act and the Family Medical Leave Act. The Commission does not have jurisdiction over those matters; he did not provide facts indicating that his termination was in reprisal for union activities. Regarding the refusal to bargain allegation, individual employees do not have standing to process refusal to bargain claims. A deficiency notice was issued. Petruzzelli did not respond. The complaint was dismissed.

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By: David I. Gedrose, Unfair Labor Practice Manager
July 31, 2009

Valerie B. Petrie, for the employer.
John E. Petruzzelli, for the complainant.

Case 22550-U-09-5765

DIG