DECISION 10542 (PSRA)

Joe T. Portugal filed an unfair labor practice complaint against Teamsters Local 117 alleging union interference, discrimination for filing charges, refusal to bargain, and “other” unfair labor practices in violation of the provisions of RCW 41.80.110(2), by disciplinary actions involving Portugal. The complaint asked the National Labor Relations Board to investigate the charges. While the Public Employment Relations Commission would have jurisdiction in this case, the Commission does not investigate the facts of unfair labor practice complaints. The complaint also did not specify times and dates of alleged violations and thus did not conform to the requirements of WAC 391-45-050(2). The complaint alleged that the union failed in its duty of fair representation involving a grievance filed by Portugal. The Commission does not assert jurisdiction in duty of fair representation claims arising solely out of the processing of contractual grievances. A claim for discrimination for filing charges refers to the filing of unfair labor practice complaints or testifying before the Commission, but does not apply to the filing of grievances. Only an exclusive bargaining representative may process refusal to bargain claims. The complaint did not specify the nature of “other” claims. A deficiency notice was issued. Portugal did not file an amended complaint. The complaint was dismissed.

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By: David I. Gedrose, Unfair Labor Practice Manager
September 22, 2009

Case 22663-U-09-5793

DIG