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STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

VALLEY EDUCATION ASSOCIATION,

 

Complainant,

CASE NO. 3070-U-80-433

vs.

DECISION NO. 1134 - PECB

VALLEY SCHOOL DISTRICT NO. 70,

 

Respondent.

ORDER OF DISMISSAL

The complaint charging unfair labor practices was filed in the captioned matter on October 2, 1980, and was accompanied at that time by a motion for temporary relief. The motion for temporary relief was withdrawn prior to its consideration by the Commission. An expedited preliminary ruling was made on October 9, 1980. By letter dated December 26, 1980, counsel for the complainant was advised that the preliminary ruling of the Executive Director was being reconsidered in light of changed circumstances in the processing of the case, and that the complaint was to be made more definite and certain. No response has been received. The matter is now before the Executive Director for a preliminary ruling pursuant to WAC 391-45-110.

Paragraphs 4.A. and 4.B. of the complaint merely allege an exchange of offers between the parties concerning extension of the school day. Paragraph 4.C. alleges that the employer distributed and published notice of a meeting. The "legal notice" supplied along with the complaint purports to call a special meeting of voters pursuant to RCW 28A.58.370 through RCW 28A.58.390. There is no allegation linking the called special meeting to the collective bargaining process or to positions taken or to be taken by the employer in the collective bargaining process. The facts alleged are not sufficient to state a cause of action.

NOW, THEREFORE, it is

ORDERED

The complaint charging unfair labor practices filed in the above-entitled matter is dismissed.

DATED at Olympia, Washington this 14th day of April, 1981.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director

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