On January 30, 1991, Olivia Bourgoin, and employee of the King County District Court, filed a complaint charging unfair labor practices with the Public Employment Relations Commission, alleging that the Washington State Council of County and City Employees, AFSCME, Local 21 DC, violated RCW 41.56.150 in connection with its attempts to enforce union security obligations on the complainant.

A preliminary ruling letter issued by the Executive Director on March 18, 1991, pursuant to WAC 391-45-110, noted that the decision in Snohomish County, Decision 3705 (PECB, 1991), involved allegations similar to those involved in this case,[1] and suggested that this matter might be conducive to resolution by summary judgment if the factual allegations were clarified and not disputed. The complainant was therefore directed to file and serve an amended complaint by a date certain, setting forth the precise timing and nature of the challenge to the union dues. The respondent was directed thereupon to answer the complaints and further to show cause why summary judgment should not be issued in the matter.

The complainant has not filed an amended complaint, or any additional materials, with the Commission. In its response to the preliminary ruling letter, the respondent argues that this complainant has abandoned her complaint by failing to file and serve an amended complaint, as directed.

The Executive Director has considered the matter, and concludes that the complainant has, indeed, abandoned her complaint by her failure to file an amended complaint with the Commission.

NOW THEREFORE, it is

ORDERED

The complaint charging unfair labor practices filed in the above-entitled matter is DISMISSED for failure to state a cause of action.

DATED at Olympia, Washington, this 29th day of July, 1991.

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.