City of Seattle, Decision 7435 (PECB, 2001)

On March 10, 1997, the Seattle Prosecuting Attorneys Association (union) filed a petition for clarification of existing bargaining unit with the Public Employment Relations Commission. The petition was docketed as Case 13025-C-97-818.The union represents a bargaining unit of assistant city attorneys in the Criminal Division of the City Attorney’s Office of the City of Seattle (employer).The petition sought to include a team leader position in the unit.

On May 8, 1997, the union filed two complaints charging unfair labor practices with the Commission. The cases were docketed as Cases 13149-U-97-3193 and 13150-U-97-3194.Case 13149-U-97-3193 involved allegations concerning employer discrimination against Ed McKenna because of his union activities on behalf of the union. Case 13150-U-97-3194 involved allegations concerning employer discrimination against Margaret Boyle because of her union activities on behalf of the union.

On May 28, 1997, the union filed a third unfair labor practice complaint. The complaint, docketed as Case 13183-U-97-3205, involved allegations concerning employer discrimination against Steve Gonzalez because of his union activities on behalf of the union.

No hearing has been held in Case 13025-C-97-818.Cases 13149-U-97-3193, 13150-U-97-3194, and 13183-U-97-3205 were assigned to Examiner Katrina I. Boedecker for further proceedings under Chapter 391-45 WAC.A hearing was held before Examiner Boedecker on various dates in 1998.In the midst of those hearing dates, the employer sought and was granted an injunction by the King County Superior Court against further Commission proceedings .Approxi­mately one year ago, Examiner Boedecker invited the parties to proceed with the hearing, but the parties have refused to do so.

On May 23, 2001, a Show Cause Directive was issued on these four cases. The Show Cause Directive advised the union that unless good cause was shown within 10 days following such directive, the unit clarification petition and the complaints charging unfair labor practices would be dismissed for lack of prosecution. Nothing further has been received from the union.

NOW, THEREFORE, it is

ORDERED

The petition for clarification of existing bargaining unit and the complaints charging unfair labor practices in the above captioned matters are DISMISSED for lack of prosecution.

ISSUED at Olympia, Washington, this7^th day of June, 2001.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARK S. DOWNING, Director of Administration

This order will be the final order of the agency unless a notice of appeal is filed with the Commission under WAC 391-35-210, or WAC 391-45-350.