This case originated with a complaint filed by the employer, alleging that the union was committing an unfair labor practice by pursuing and seeking interest arbitration on a "minimum manning" proposal. Previous decisions were rendered in this case by the Examiner[1], and by the Commission[2]. Most recently, the matter was remanded to the Examiner by the Commission in City of Richland, Decision 2448-C (PECB, 1990), pursuant to a decision by the Supreme Court of Washington in International Association of Fire Fighters v. PERC, 113 Wn.2d 197 (1989).[3]

On August 7, 1990, counsel for the union requested that the hearing be re-opened, in order to augment the record. The employer was asked for comment on that motion.

By a letter dated August 15, 1990, the employer informed the examiner, in writing, that it regarded the issue raised in this case to be moot, and that it wished to withdraw the complaint. The employer asserted that the disputed proposal had not been pursued by the union in subsequent negotiations between the parties, and that the parties had settled subsequent collective bargaining agreements since the controversy began. The union concurred in the employer’s request.

The Examiner having considered the matter and being satisfied that the withdrawal should be accepted and the matter closed;

NOW, THEREFORE, it is

ORDERED

That the complainant's request to withdraw the complaint filed in the above entitled matter is accepted and the matter is closed.

DATED at Olympia, Washington, this 5th day of September, 1990.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

WILLIAM A. LANG, Examiner