DECISION 10537 (PECB)

Robert T. Kinnune filed an unfair labor practice complaint against Spokane County alleging interference with employee rights and discrimination in violation of RCW 41.56.140(1), and domination or assistance of a union in violation of RCW 41.56.140(2), by denying him union representation during a disciplinary meeting and terminating his employment. The complaint did not contain specific facts or a remedy request and so did not conform to the requirements of WAC 391-45-050(2) and (3). The complaint did not indicate the employer interfered with the internal affairs or finances of the union or attempted to create, fund, or control a company union. A deficiency notice was issued. Kinnune filed an amended complaint, adding allegations of refusal to bargain and “other” unspecified violations.

The amended complaint did not cure the defect concerning domination or assistance of a union and did not include a remedy request. Kinnune stated that he intends to file a separate complaint concerning his termination. The amended complaint showed that the meeting in question was a Loudermill hearing only; the Commission does not assert jurisdiction over alleged violations of Loudermill rights. Individual employees do not have standing to process refusal to bargain allegations. Kinnune did not explain or provide a statute for “other” unfair labor practice allegations. The amended complaint was dismissed.

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By: David I. Gedrose, Unfair Labor Practice Manager
September 16, 2009

Case 22629-U-09-5789

DIG