DECISION 10543 (PSRA)

Joe T. Portugal filed an unfair labor practice complaint against the Washington State Department of Corrections alleging employer interference, domination or assistance of a union, and discrimination in violation of the provisions of RCW 41.80.110(1), by disciplinary actions involving Portugal. The complaint asked the National Labor Relations Board to investigate the complaint. 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 did not indicate that the employer had interfered with the internal affairs or finances of the union or attempted to create, fund, or control a company union. The complaint requested remedies asking for the specific performance of contractual terms. The Commission does not enforce the provisions of collective bargaining agreements or other contractual agreements between parties. 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 22664-U-09-5794

DIG