Community Transit, Decision 7698 (PECB, 2002)

On February 14, 2001, Robert D. Olson II filed a petition with the Public Employment Relations Commission under Chapter 391-25 WAC, seeking investigation of a question concerning representation involving certain employees of Community Transit (employer) currently represented by Amalgamated Transit Union, Local 1576 (union). Specifically, the petitioner sought decertification of the union with regard to four employees performing security functions within the existing bargaining unit consisting of approximately 293 employees.

A hearing was held on April 10, 2001, before Hearing Officer Jack T. Cowan. The petitioner filed a post-hearing brief on August 7, 2001.

After August 7, 2001, but prior to the issuance of a decision, Olson telephoned the Hearing Officer to inquire about withdrawing the petition. Olson informed the Hearing Officer that some agreement had been reached between the union and the employees involved, and that he desired (or intended) to withdraw the petition. Olson was advised to file a written withdrawal, so that the proceedings could be closed.

A written withdrawal has not been received to date. The Hearing Officer attempted to contact Olson by telephone on several occasions, but received no response. On March 4, 2002, the petitioner was given a period of 10 days in which to retract his statement that he intended to abandon the matter or to show cause why the petition should not be dismissed. Nothing further was heard or received from the petitioner.

NOW, THEREFORE, it is

ORDERED

The petition for investigation of a question concerning representa­tion filed in the above captioned matter is DISMISSED for lack of prosecution.

ISSUED at Olympia, Washington, this 9^th day of April, 2002.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director

This order will be the final order of the agency unless a notice of appeal is filed with the Commission under WAC 391-25-390.