On November 9, 1994, the Edmonds Police Officers Association filed a complaint charging unfair labor practices alleging that the City of Edmonds had violated Chapter 41.56 RCW, by insisting to impasse that the employer bargain on a proposal that the employer considered to be a non-mandatory subject of collective bargaining. The parties were in mediation at the time the complaint was filed, and remained in mediation for a time thereafter.

On May 4, 1994, the Executive Director informed the union that the filing of the unfair labor practice complaint was premature, and that this case would be held in abeyance until such time as the underlying negotiations might be certified for interest arbitration under RCW 41.56.450 et seq.

A search of the Commission's docket record indicates that the parties reached agreement on a successor contract in the mediation case. The proposal at issue in this unfair labor practice case was never certified for interest arbitration. The prematurity noted in May of 1994 has thus matured into the absence of a cause of action.

NOW, THEREFORE, it is

ORDERED

The complaint charging unfair labor practices filed in the above-captioned matter is hereby DISMISSED for failure to state a cause of action.

DATED at Olympia, Washington, this 12th day of August, 1994.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director

This order may be appealed by filing timely objections with the Commission pursuant to WAC 391-45-350.