On July 2, 1984, City of Walla Walla filed a complaint charging unfair labor practices against International Association of Firefighters, Local 404 alleging that the union violated RCW 41.56.150, by pursuing and attempting to obtain interest arbitration on the following proposal:

2. The union proposes the following two additional sections to the contract:

.01: In case of personnel reduction, the employee having the least seniority shall be laid off first. In cases where more than one employee is appointed on the same date, seniority will be determined by the higher overall test score, the employee with the highest score having seniority.

.02: In the case of reduction in rank, time in position shall be given utmost consideration. If time in position is equal, time in service shall govern such that the employee with the least time shall be reduced in rank first.

The city alleged that the proposal was in conflict with city civil service policies adopted pursuant to Chapter 41.08 RCW, and was therefore excluded from the scope of mandatory subjects of bargaining by RCW 41.56.100. The city also asked that the proposal be stricken from the issues certified for interest arbitration under RCW 41.56.450.

A preliminary ruling was issued on July 6, 1984, stating that the complaint, as presented, did not constitute an unfair labor practice within the meaning of RCW 41.56.150. The city was given fourteen (14) days to amend the complaint. To date, the city has not submitted any further documents or other communication dealing with the matter.

ORDER

The complaint charging unfair labor practices is hereby DISMISSED.

DATED at Olympia, Washington, this 9th day of October, 1984.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director