City of Quincy, Decision 10922 (PECB, 2010)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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Lisa rowland,
Complainant,
vs.
city of quincy,
Respondent.
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CASE 23506-U-10-5992
DECISION 10922 - PECB
ORDER OF DISMISSAL
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Lisa Rowland appeared pro se.
The Wesley Group, by Kevin Wesley, for the employer.
On September 16, 2010, Lisa Rowland filed an unfair labor practice complaint against the City of Quincy (employer). A deficiency notice was issued on September 21, [1] finding the complaint defective under WAC 391-45-050. On September 24, Kevin Wesley, Labor Relations Consultant, filed a notice of appearance on behalf of the City of Quincy, and a record of appearance was issued by the Commission on September 27. On October 8, Rowland filed an amended complaint, but provided no proof that she served a copy of the complaint on the employer’s representative of record, as required under WAC 391-45-030. A preliminary ruling was issued on October 11, finding a cause of action existed on allegations of employer interference with employee rights.
On October 21, 2010, the employer filed a motion to dismiss the complaint for failure to provide service to the employer’s representative of record. On October 26, the Examiner sent a letter to Rowland, directing her to respond within 10 days to the motion to dismiss, and stating that failure to provide proof of service would result in the dismissal of her complaint. On October 29, the employer filed its answer. On November 5, Rowland requested a five-day extension to respond to the motion. The Examiner granted the extension until November 12. However, Rowland did not respond to the motion.
WAC 391-45-030 requires the party filing a complaint to serve a copy of the complaint on each party named as respondent. The rules for how to show proof of service are contained in WAC 391-08-120. That section requires contemporaneous preparation of a certificate of service, or proof by obtaining acknowledgment of service by the respondent.
The Commission’s rules are in place to encourage effective communication between all parties and to nurture the orderly resolution of disputes. It enforces timely and effective service to ensure due process is afforded to all parties. City of Mabton, Decision 9992-A (PECB, 2008). Failure to provide proof of service will result in the dismissal of a complaint. City of Kirkland, Decision 8822-A (PECB, 2005), citing Mason County, Decision 3108-B (PECB, 1991). Rowland was provided with an opportunity to provide proof of service, but failed to do so. Therefore, the complaint must be dismissed.[2]
ORDER
The unfair labor practice complaint filed by Rowland is dismissed for failure to provide proof of service as required by WAC 391-08-120 and WAC 391-45-030.
ISSUED at Olympia, Washington, this 24th day of November, 2010.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
LISA A. HARTRICH, Examiner
This order will be the final order of the
agency unless a notice of appeal is filed
with the Commission under WAC 391-45-350.