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STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

In the matter of the petition of:

 

EMPLOYEE ASSOCIATION OF PACIFIC MOUNTAIN JOB DEVELOPMENT AND TRAINING DEPARTMENT


CASE 8263-E-89-1399

 

DECISION 3424 - PECB

Involving certain employees of:


ORDER OF DISMISSAL


THURSTON COUNTY

On October 30, 1989, the Employee Association of Pacific Mountain Job Development and Training Department filed a petition for investigation of a question concerning representation with the Public Employment Relations Commission seeking certification as the exclusive bargaining representative of certain employees of Thurston County. The Washington State Council of County and City Employees, AFSCME Local 618, was listed as the incumbent exclusive bargaining representative of the petitioned-for employees. The petition indicated that the collective bargaining agreement covering the petitioned-for employees was due to expire on December 31, 1989.

The processing of the case was delayed for a time, due to the unavailability of the representative of the petitioner. A routine inquiry was directed to the employer, requesting a list of employees in the petitioned-for bargaining unit and a copy of any existing collective bargaining agreement. The employer provided a copy of a collective bargaining agreement with a term from January 1, 1988 through December 31, 1990.

By letter dated January 25, 1990, the Executive Director notified the petitioner of the provisions of RCW 41.56.070 and WAC 391-25-030(1), which provide that where there is a collective bargaining agreement in effect, a petition for investigation of a question concerning representation will be processed only if it is filed during the period not more than 90 nor less than 60 days prior to the expiration of that contract. The petitioner was informed that the "window" period for a contract set to expire on December 31, 1990, would not occur until October of 1990, and that it thus appeared that the petition was subject to dismissal as untimely. The petitioner was notified that, unless good cause was shown on or before February 8, 1990, the petition would be dismissed. Nothing further has been received from the petitioner.

ORDER

The petition filed in the above-entitled matter is hereby dismissed as untimely filed.

DATED at Olympia, Washington, this 16th day of February, 1990.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

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).

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