DECISIONS

Decision Information

City of Mount Vernon, Decision 4199-A (PECB, 1992)

Collection DECISIONS
Date 11/18/1992
Case Number 9526-E-91
Decision Maker Executive Director
Case Type Election
Case History See Also - City of Mount Vernon, Decision 4199 (PECB, 1992) - 10/26/1992 - Election
See Also - City of Mount Vernon, Decision 4199-B (PECB, 1992) - 12/18/1992 - Election
See Also - City of Mount Vernon, Decision 4199-C (PECB, 1993) - 02/16/1993 - Certification
See Also - City of Mount Vernon, Decision 4199-D (PECB, 1993) - 02/22/1993 - Election
Statute PECB - RCW 41.56

Decision Content

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

In the matter of the petition of:

 

INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1983

CASE 9526-E-91-1580

:

DECISION 4199-A - PECB

Involving certain employees of

 

CITY OF MOUNT VERNON

ORDER FOR RECONSIDERATION

James L. Hill. International Vice-President, appeared on behalf of the petitioner.

Mark Knowles, Finance Director, and Heller, Ehrman, White & McAuliffe, by Bruce L. Schroeder, Attorney at Law, appeared on behalf of the employer.

Aitchison, Hoag, Vick & Tarantino, by James M. Cline, Attorney at Law, appeared on behalf of the intervenor, Mount Vernon Police Services Guild.

A Direction of Election was issued in the above-captioned matter on October 26, 1992.[1] On November 3, 1992, the Mount Vernon Police Services Guild filed an "objection", asserting that there are disputed facts which were not considered in the Direction of Election. On November 16, 1992, the same organization filed a brief in support of its "objection".

This case remains in the hands of the Commission's Executive Director and staff, and is not ripe for transfer to the Commission at this time. WAC 391-25-390(1) expressly limits the "appeal" rights of parties in representation cases. The interlocutory steps of case processing, including showing of interest determinations, other preliminary procedures, pre-hearing conferences, hearings, and even the direction of an election or cross-check, are not subject to review by the Commission until the election or crosscheck has been conducted and a tally has been issued under WAC 391-25-410 or 391-25-550.[2]

The Executive Director has re-examined the case file, and is satisfied that the Direction of Election contains certain errors and omissions. Moreover, it appears that withdrawal and reconsideration of that decision by the Executive Director will avoid a potential for compounding of errors.

NOW, THEREFORE, it is

ORDERED

1.         The Direction of Election issued in this matter is WITHDRAWN.

2.         The parties may file briefs or written arguments on the issues in the case on or before November 30, 1992, after which the matter will be reconsidered by the Executive Director.

ENTERED at Olympia, Washington, this 18th day of November, 1992.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director


[1]          City of Mount Vernon, Decision 4199 (PECB, 1992).

[2]          An exception, not applicable here, is for rulings as to the jurisdiction of the Commission over the parties.

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