CITY OF ABERDEEN
and
WSCCCE

DECISION 10595 ( PECB)

The union filed a complaint alleging employer interference with employee rights in violation of RCW 41.56.140(1), domination or assistance of a union in violation of RCW 41.56.140(2), and refusal to bargain in violation of RCW 41.56.140(4), by its actions toward Tammy Ford (Ford).  The complaint also alleged employer violation of Chapter 49.12 concerning a written reprimand issued to Ford.  The Commission does not have jurisdiction over that statute.  The complaint alleged employer interference by the contents of the employer’s response to grievance filed by Ford, but did not allege adverse action against Ford by the employer.  The contents of a grievance response alone do not constitute a basis for a cause of action.  Regarding domination or assistance of a union, the complaint did not allege that the employer had interfered with the internal affairs or finances of the union or had attempted to create, fund, or control a company union.  Regarding the refusal to bargain allegation, the complaint alleged that the employer breached the parties’ collective bargaining agreement.  The Commission does not assert jurisdiction to remedy alleged violations of collective bargaining agreements.  A deficiency notice was issued.  The union did not respond.  The complaint was dismissed.

For the full decision, click here.

By:      David I. Gedrose, Unfair labor Practice Manager
November 6, 2009

Case    22752-U-09-5817

DIG