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STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

CITY OF YAKIMA,

 

Complainant,

CASE 9228-U-91-2047

vs.

DECISION 3846 - PECB

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 469,


ORDER OF DISMISSAL

Respondent.

 

On June 26, 1991, the City of Yakima filed its answer to a complaint charging unfair labor practices pending before the Public Employment Relations Commission in Case 8878-U-91-1949.[1] That filing included what the employer characterized as a “counterclaim” against the union, alleging that the union had filed and processed Case 8878-U-91-1949 without any basis in law or fact, and without conforming to the requirements of the Commission’s rules.

On July 2, 1991, the Executive Director wrote a letter to the parties, advising them that the rules of the Commission make no provision for “counterclaims” in unfair labor practice cases.[2] The parties were notified that a separate case had been docketed, for record keeping purposes, under the case number indicated above. The employer was advised that it should file and serve a complaint charging unfair labor practices, as called for by the rules set forth by the Commission in Chapter 391-45 WAC.

Nothing further has been heard or received from the employer concerning Case 9228-U-91-2047.

NOW, THEREFORE, it is

ORDERED

The “counterclaim” filed by the City of Yakima and docketed in the above-entitled matter is hereby DISMISSED for improper filing.

DATE at Olympia, Washington, this 19th day of August, 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.



[1] That proceeding was initiated by a complaint charging unfair labor practices filed by International Association of Fire Fighters, Local 469, on October 31, 1990.

[2] The Commission’s rules for unfair labor practice cases are set forth in Chapter 391-45 WAC.

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