DECISIONS

The complaint charging unfair labor practices in the above-captioned matter was filed with the Public Employment Relations Commission on July 15, 1991. The union therein alleged that the employer had unilaterally altered procedures for accrual of benefits by employees, in violation of its bargaining obligations under the Public Employees' Collective Bargaining Act, Chapter 41.56 RCW.

The complaint was considered by the Executive Director pursuant to WAC 391-45-110. Inquiries were made concerning the propriety of "deferral" of the unfair labor practice case pending arbitration of a related grievance, under policies set forth by the Commission in Stevens County, Decision 2602 (PECB, 1987).[1] The purpose of such a "deferral" is to obtain an arbitrator's decision on whether "unilateral change" conduct at issue in the unfair labor practice case was covered by a contract in effect at the time of the alleged change.

The parties to the above-captioned unfair labor practice case submitted the contractual dispute to Arbitrator Eric B. Lindauer, who provided the Commission with a copy of his arbitration award on the underlying grievance. Arbitrator Lindauer concluded that the employer's actions were protected by the parties' contract.

On May 22, 1992, the parties were directed to show cause why the complaint charging unfair labor practices in the above-captioned matter should not be dismissed on the basis of the arbitration award. Nothing has been heard or received from either party within the time specified for a response.

NOW, THEREFORE, it is

ORDERED

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

Entered at Olympia, Washington, on the 12th day of June, 1992.

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.