DECISION 10500 (PECB)

Audra L. Wilson filed an unfair labor practice complaint alleging employer interference and discrimination in violation of RCW 41.56.140(1), domination or assistance of a union in violation of RCW 41.56.140(2), discrimination for filing charges in violation of RCW 41.56.140(3), breach of the collective bargaining agreement, and refusal to bargain in violation of RCW 41.56.140(4), by discriminating against her in her working conditions and terminating her employment. The substance of the complaint was Wilson’s claim that the employer’s actions were primarily motivated by gender and race bias. The complaint did not include a remedy request and provided no facts concerning Wilson’s union activities, employer involvement in union affairs or finances, or Wilson filing an unfair labor practice complaint or testifying before the Commission. The Commission does not assert jurisdiction over claims concerning breach of collective bargaining agreements; this claim was defective as a matter of law. Individual employees do not have standing to process refusal to bargain allegations. A deficiency notice was issued.

Wilson filed an amended complaint and included a remedy request. The amended complaint did not withdraw any allegations, yet did not provide additional facts concerning the allegations of domination/assistance, discrimination for filing charges, or refusal to bargain. Wilson alleged that her union activities were related to her union membership and grievances over her treatment at work and termination. The amended complaint did not indicate that Wilson could show that union animus was a substantial motivating factor for the employer’s actions. Educational Service District 114, Decision 4361-A (PECB, 2009). The amended complaint was dismissed.

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By: David I. Gedrose, Unfair Labor Practice Manager
August 4, 2009

Robert S. Railton, for the employer.
Audra L. Wilson, for the complainant.

Case 22562-U-09-5768

DIG