On January 17, 1989, International Association of Firefighters, Local 2299 (union) filed a complaint charging unfair labor practices with the Public Employment Relations Commission, alleging that the City of Clarkston (employer) had violated RCW 41.56.140(4), by violating ground rules for collective bargaining previously agreed upon by the parties.

The matter was reviewed by the Executive Director for the purpose of making a preliminary ruling pursuant to WAC 391-45-110, and a letter was issued on January 27, 1989, informing the union that the complaint, as filed, did not appear to state a cause of action for unfair labor practice proceedings before the Commission. Specifically, the union was informed that ground rules for collective bargaining are considered to be contracts between the parties, and that the Public Employment Relations Commission does not assert jurisdiction through the unfair labor practice provisions of the statute to remedy contract violations. City of Walla Walla, Decision 104 (PECB, 1976).

The complainant was given fourteen days in which to file an amended complaint setting forth a cause of action. No amended complaint has been filed.

NOW, THEREFORE, it is

ORDERED

The complaint charging unfair labor practices filed in the above-captioned matter is hereby DISMISSED.

DATED at Olympia, Washington, this 27th day of February, 1989.

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 391-45-350.