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STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

ARTHUR D. BONDS,

 

Complainant,

CASE 8702-U-90-1898

vs.

DECISION 4626-B - PECB

PORT OF TACOMA,

 

Respondent.

 

E. A. STEVENS,

 

Complainant,

CASE 8812-U-90-1931

 vs.

DECISION 4627-B – PECB

PORT OF TACOMA,

 

Respondent.

ORDER CLOSING CASES

Arthur D. Bonds, pro se and by power of attorney, appeared on behalf of the complainants.

Lane, Powell, Spears and Lubersky, by Matthew E. Swaya, Attorney at Law, appeared on behalf of the respondent.

These proceedings were commenced by complaints charging unfair labor practices filed by Arthur Bonds and E.A. Stevens on July 20, 1990. The complainants alleged that the Port of Tacoma violated RCW 41.56.140(1) and (2), by interfering with their rights under the Public Employees Collective Bargaining Act. The charges were heard by Examiner Katrina I. Boedecker on February 4, and 5, March 12 and 13, November 18, 19 and 20, 1992. During the hearing, the Examiner granted a motion to bifurcate the liability issue from the issue of the appropriate remedy. The Examiner issued her findings of fact, conclusions of law and the order on March 8, 1994. The employer appealed to the full Commission. The Commission's order in the matter, issued June 20, 1995, directed that a hearing be held to determine the appropriate remedies.

Prior to the hearing on the remedies being held, the parties advised the Commission that they were engaged in negotiating a settlement in the case. On January 16, 1996, the parties submitted a statement which reads:

The Complaints hereby withdraw with prejudice from any further proceedings the [sic] above noted cases. Complainants hereby waive any rights to a remedy hearing in the above cases. Complainants and Respondent agree that the cases shall be closed and the remedy hearings in the the [sic] above cases will not be necessary.

It must be noted that a request for withdrawal of the original complaint could not be honored, since an order has been issued on the merits of the dispute. The request presently before the Commission appears however, to simply request that no further proceedings be conducted. That request can be, and is, accepted.

NOW, THEREFORE, it is

ORDERED

The request to conduct no further proceedings in the above-entitled matter is accepted, and the proceedings are closed.

ISSUED at Olympia, Washington, this 26th day of January, 1996.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director

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