On February 4, 1986, Dorothy J. Mance filed a petition with the Public Employment Relations Commission, seeking investigation of a question concerning representation involving clerical employees of the Federal Way Water/Sewer District.

Although the petition filed on February 4, 1986 did not list an incumbent exclusive bargaining representative in the place provided for same on the petition form, initial processing of the case disclosed that the employees involved are represented by Teamsters Local 117, and that there is a collective bargaining agreement in effect between the employer and Teamsters Local 117 which was signed on April 2, 1984, with an effective period of January 1, 1984 through June 30, 1986.

Where there is a collective bargaining agreement in effect, the "contract bar" provisions of RCW 41.56.070 preclude filing of a petition for investigation of a question concerning representation except during the period not more than 90 nor less than 60 days prior to the expiration of the contract. It thus appeared that the petition in the above-entitled was untimely filed, and the petitioner was ordered to show cause why the petition should not be dismissed on that basis. A response received from the petitioner on March 7, 1986 indicates that the petition may have the unanimous support of the employees involved, but does not deny the existence of the collective bargaining agreement or the application of the contract bar provision of the statute.

NOW, THEREFORE, it is

ORDERED

The petition for investigation of a question concerning representation filed in the above-entitled matter is dismissed as untimely.

DATED at Olympia, Washington, this 10th day of March, 1986.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGN]

MARVIN L. SCHURKE Executive Director

This Order may be appealed by filing a petition for review with the Commission pursuant to WAC 391-25-390(2).