STATE OF WASHINGTON |
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BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION |
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WASHINGTON STATE COUNCIL OF COUNTY ANDCITY EMPLOYEES |
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Complainant |
CASE 10572-U-93-2454 |
vs. |
DECISION 4936 - PECB |
KING COUNTY |
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Respondent |
ORDER OF DISMISSAL |
On July 8, 1993, the Washington State Council of County and City Employees (WSCCCE) filed a complaint charging unfair labor practices with the Public Employment Relations Commission, alleging that King County had illegally transferred the substance abuse section of the Department of Youth Services to the Department of Health.
The complaint was the subject of a preliminary ruling letter issued on January 28, 1994, requesting further information from the complainant.[1] The complainant responded by letter, providing some additional information. The complaint continued to lack the clarity necessary to determine the existence of a cause of action, and several additional rounds of correspondence were exchanged.
Kathleen Oglesby, a representative of the complainant, informed Commission staff in a telephone conversation on August 8, 1994, that the parties were close to resolution of the matter. Although it was indicated that the complaint would be withdrawn shortly, no formal withdrawal was forthcoming after several weeks.
On September 30, 1994, the complainant was directed to show cause, on or before October 17, 1994, as to why the matter should not be dismissed for lack of prosecution. Nothing further has been heard or received from the complainant.
NOW, THEREFORE, it is
ORDERED
The complaint charging unfair labor practices filed in above-captioned matter is hereby DISMISSED for lack of prosecution.
DATED at Olympia, Washington, this 9th day of December, 1994.
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] At that stage of the proceedings, all of the facts alleged in the complaint are assumed to be true and provable. The question at hand is whether, as a matter of law, the complaint states a claim for relief available through unfair labor practice proceedings before the Public Employment Relations Commission.