The complaint charging unfair labor practices filed in the above-captioned matter on May 1, 1991, was the subject of a preliminary ruling letter issued by the Executive Director on September 6, 1991.[1] Several of the allegations of the complaint were found to state a cause of action for further proceedings, but the complainant was given a period of 14 days in which to file and serve an amended complaint with respect to an “overtime computation” claim that did not to state a cause of action as filed. An amended complaint was filed on September 20, 1991, but the complainant advised a member of the Commission staff in that same time period that the parties were in settlement discussions with respect to the subject matter of the entire complaint. At the request of the complainant, further rulings were withheld pending the settlement discussions. On a number of subsequent occasions, members of the Commission staff contacted the complainant and were advised that the matter had been settled and would be withdrawn. A written request for withdrawal has not been forthcoming, however. On November 18, 1992, a letter was directed to the parties, noting the history concerning this matter, and indicating that the complaint would be dismissed for lack of prosecution unless good cause was shown by November 30, 1992, as to why such an action should not be taken. Nothing further has been heard from either party.

NOW. THEREFORE, it is

ORDERED

The complaint charging unfair labor practices filed in the above-entitled matter is hereby DISMISSED for lack of prosecution.

DATED at Olympia, Washington, this 8th day of December, 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.