On November 6, 1986, the above-named complainant filed a complaint with the Public Employment Relations Commission, wherein he alleged that the above-named respondent had committed unfair labor practices within the meaning of "RCW 41.56.150(3)". The matter is before the senior staff member pursuant to WAC 391-45-630 for a preliminary ruling pursuant to WAC 391-45-110. At this stage of the proceedings, it is assumed that all of the facts alleged are true and provable. The question here is whether the complaint states a claim for relief which can be granted through unfair labor practice proceedings before the Public Employment Relations Commission.

The complainant alleges that he was employed by METRO from August, 1983 to August 17, 1984, when he voluntarily resigned his employment with METRO for personal reasons. The complainant alleges that, following a move to California and an unsuccessful search for employment there, he contacted METRO seeking re-employment. On October 30, 1984, METRO notified the complainant that he could not be rehired to fill part-time transit operator positions based on his having been credited with two absences during less than one year of employment.

The complaint was filed in this matter more than two years after the respondent denied the complainant's request for reemployment. RCW 41.56.160 contains a six-months statute of limitation for filing of unfair labor practice allegations, as follows:

The commission is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders: PROVIDED, That a complaint shall not be processed for any unfair labor practice occurring more than six months before the filing of the complaint with the commission. This power shall not be affected or impaired by any means of adjustment, mediation, or conciliation in labor disputes that have been or may hereafter be established by law. (emphasis added)

The complaint in this matter has not been filed in a timely manner and, therefore, cannot be processed by the Commission.

NOW, THEREFORE, it is

ORDERED

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

DATED at Olympia, Washington, this 20th day of March, 1987.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

REX L. LACY, Senior Staff Mediator

This Order may be appealed by filing a petition for review with the Commission pursuant to WAC 391-45-270.