King County, Decision 12050 (PECB, 2014)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
|
technical employees association,
Complainant,
vs.
king county,
Respondent.
|
CASE 24955-U-12-6383 DECISION 12050 - PECB
CASE 25131-U-12-6439 DECISION 12051 - PECB ORDER OF DISMISSAL |
|
|
|
On July 2, 2012, the Technical Employees Association (TEA) (union) filed a complaint charging unfair labor practices with the Public Employment Relations Commission under Chapter 391-45 WAC, naming King County (employer) as respondent. The complaint was docketed as Case 24955-U-12-6383 and concerned non-supervisory employees engaged in information technology work. A separate complaint was docketed as Case 25131-U-12-6439 on September 9, 2012, concerning supervisors of employees at issue in Case 24955-U-12-6383. The complaints concerned allegations of skimming of bargaining unit work and breach of good faith bargaining obligations. The employer filed a unit clarification petition involving employees affected by the unfair labor practice complaints, in Case 24873-C-12-1508. Under WAC 391-35-110(2), the agency withheld processing of the unfair labor practice complaints pending the outcome of the unit clarification petition.
The Executive Director issued a decision in the unit clarification petition on July 22, 2013, removing job classes affected by the unfair labor practice complaints from the TEA bargaining unit and including those positions in a bargaining unit represented by Professional and Technical Employees, Local 17. King County, Decision 11828 (PECB, 2013). The Commission affirmed that decision on November 14, 2013. King County, Decision 11828-A (PECB, 2013). Those decisions appeared to make the unfair labor practice complaints moot; however, the union did not withdraw the complaints, and the employer did not move to dismiss them.
On March 28, 2014, the Unfair Labor Practice Manager sent a letter to the union and employer stating that the complaints would be dismissed on April 17, 2014, and asked them to show cause within two weeks of the date of the letter why the complaints should not be dismissed. Neither party responded.
The Unfair Labor Practice Manager finds that the orders in King County, Decisions 11828 and 11828-A, render the unfair labor practice proceedings moot.
NOW, THEREFORE, it is
ORDERED
The complaints charging unfair labor practices in Cases 24955-U-12-6383 and 25131-U-12-6439 are DISMISSED.
ISSUED at Olympia, Washington, this 29th day of April, 2014.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
DAVID I. GEDROSE, Unfair Labor Practice Manager
This will be the final order of the agency unless a notice of
appeal is filed with the Commission under WAC 391-45-350.