Port of Shelton, Decision 8183-A (PECB, 2003)

On September 26, 2002, Laura Brown-Mayo filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, naming the Port of Shelton (employer) as respondent. The complaint was reviewed under WAC 391-45-110 and, following the issuance of a deficiency notice, a partial order of dismissal was issued indicating that limited interference and discrimination allegations stated a cause of action under RCW 41.56.140(1).[1] The employer filed an answer, and Examiner J. Martin Smith was assigned to conduct further proceed­ings under Chapter 391-45 WAC.

By September 2003, Brown-Mayo informed the Examiner that she did not intend to pursue her complaint. A written withdrawal of the complaint was not forthcoming from Brown-Mayo, however.

On November 3, 2003, the Examiner directed Brown-Mayo to show cause why her complaint should not be dismissed for lack of prosecution, and gave her a period of 14 days in which to respond. Nothing further has been heard or received from the complainant.

NOW, THEREFORE, it is

ORDERED

The complaint charging unfair labor practices filed in the above-captioned matter is DISMISSED for lack of prosecution.

Issued at Olympia, Washington, on the 2^nd day of December, 2003.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

J. MARTIN SMITH, Examiner

This order will be the final order of the agency unless a notice of appeal is filed with the Commission under WAC 391-45-350.