City of Sumner, Decision 6210-A (PECB, 1998)

Cline and Emmal, by Roger C. Cartwright, Attorney at Law, appeared on behalf of the complainant.

Patricia Bosnians, City Attorney, appeared on behalf of the respondent.

This case comes before the Commission by its own motion, pursuant to WAC 391-45-350, to review a decision issued by Examiner Katrina I. Boedecker.[1]

We have reviewed the case for the limited purpose of correcting a discrepancy found within the decision. The Examiner’s decision states at pages 18-19 that she withheld making a conclusion of law or fashioning any remedial order under RCW 41.56.140(4). Paragraph 2 of the Conclusions of Law inadvertently states that the employer committed an unfair labor practice under RCW 41.56.140(4). The unfair labor practice should have been shown to be a violation of RCW 41.56.140 (1).

NOW, THEREFORE, it is

ORDERED

Paragraph 2 of the Conclusions of Law is amended to read as follows:

By conditioning the bargaining of mandatory topics upon the conclusion of bargaining permissive topics, i.e. “Ground rules”, that establish how the parties will bargain, the employer committed an unfair labor practice under RCW 41.56.140(1).

Issued at Olympia, Washington, this 13th day of March, 1998.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARILYN GLENN SAYAN, Chairperson

[SIGNED]

SAM KINVILLE, Commissioner

[SIGNED]

JOSEPH W. DUFFY, Commissioner

[SIGNED]