DECISIONS

University of Washington, Decision 11196 (PSRA, 2011)

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

Attorney General Robert M. McKenna, by Mark K. Yamashita, Assistant Attorney General, for the employer.

On September 23, 2011, the University of Washington (UW/employer) filed a petition for a Declaratory Order pursuant to WAC 391-08-520.  In the petition, the employer requested clarification on how to comply with University of Washington, Decision 11075 (PSRA, 2011), and whether the employees at the UW Medicine Contact Center are represented, and, if so, by whom.

There are five cases relating to the employer’s petition for declaratory order pending before this agency.  When the employer filed its petition for declaratory order, it also filed a petition for unit clarification, case 24270-C-11-1466, which relates to the petition for declaratory order.  The question presented by the employer in its petition for clarification involves the same body of work addressed in the petition for declaratory order.  The Washington Federation of State Employees (WFSE) filed three cases: a petition for investigation of a question concerning representation, case 23546-E-10-3593; a petition for unit clarification, case 23495-C-10-1493; and an unfair labor practice complaint, case 23515-U-10-5995; all of which relate to the subject of the employer’s petition for a declaratory order.  The WFSE’s petition for investigation of a question concerning representation and petition for clarification are blocked by the unfair labor practice complaint.

An Examiner ruled on the unfair labor practice complaint filed by WFSE.  University of Washington, Decision 11075.  The employer appealed the Examiner’s decision to this Commission.  The employer’s appeal is currently pending before this Commission.

The employer’s petition for declaratory order must be dismissed because “the Commission shall not issue a declaratory order if the matter is or could have been the subject of any other adjudicative proceeding before the commission.”  WAC 391-08-520(3)(a).  The employer’s petition for a declaratory order is premature because the employer’s appeal is currently pending before this Commission and that appeal is the subject of the employer’s petition for a declaratory order.

NOW, THEREFORE, it is

ORDERED

The employer’s petition for a declaratory order is dismissed.

ISSUED at Olympia, Washington, this   12^th   day of October, 2011.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

                                                MARILYN GLENN SAYAN, Chairperson

                                                PAMELA G. BRADBURN, Commissioner

                                                THOMAS W. McLANE, Commissioner