STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
INTERNATIONAL LONGSHOREMEN’S )
AND WAREHOUSEMEN’S UNION, LOCAL 50, )
) CASE NO. 2196-U-79-309
Complainant, )
) DECISION NO. 970-A PECB
vs. )
)
PORT OF ILWACO, )
) DECISION OF COMMISSION
Respondent. )
)
__________________________________________)
John Bukoskey, Organizer, appeared on behalf of the union.
Loucks & Lamb, By Robert H. Lamb, attorney at law, appeared on behalf of the employer.
On September 24, 1980, Examiner Alan R. Krebs issued his Findings of Fact, Conclusions of Law and Order in the above-entitled matter, wherein he found certain unfair labor practice violations and made a remedial order. On November 10, 1980, the respondent filed a petition for review of the Examiner's Findings of Fact, Conclusions of Law and Order together with a motion for extension of the time for filing the petition for review, specifying as grounds for the motion that the attorney for the respondent was authorized in a timely manner to file a petition for review but has mi sp 1 aced the order and other materia1s. The union responded by telephone call to the Executive Director of the Commission, taking a position in opposition to the consideration of a petition for review filed after the 20 day period specified by rule had passed.
WAC 391-21-534 (subsequently replaced by WAC 391-45-350) required that the employer's petition for review be filed in this case no later than October 17, 1980. The Examiner's Findings of Fact, Conclusions of Law and Order became final in the absence of a timely petition for review.
NOW, THEREFORE, it is
ORDERED
1. The motion of the Port of Ilwaco for an extension of time for filing of its petition for review is denied and the petition for review is dismissed as untimely.
2. The Port of Ilwaco, its officers and agents, shall notify the Executive Director of the Commission, in writing, within thirty days following the date of this Order, as to what steps have been taken to comply with the Order issued by Examiner Alan R. Krebs on September 24, 1980; and shall, at the same time, provide the Executive Director with a
signed copy of the notice required by the Examiner's Order.
DATED this 12th day of December, 1980
PUBLIC EMPLOYMENT RELATIONS COMMISSION
JANE R. WILKINSON, CHAIRMAN
R.J.WILLIAMS, COMMISSIONER
JOHN H. LEINEN, COMMISSIONER
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PUBLIC EMPLOYMENT RELATIONS COMMISSION
NOTICE
THE PUBLIC EMPLOYMENT RELATIONS COMMISSION, A STATE AGENCY, HAS HELD A LEGAL PROCEEDING IN WHICH ALL PARTIES WERE ALLOWED TO PRESENT EVIDENCE AND ARGUMENT. THE COMMISSION HAS FOUND THAT WE HAVE COMMITTED UNFAIR LABOR PRACTICES IN VIOLATION OF A STATE COLLECTIVE BARGAINING LAW, AND HAS ORDERED US TO POST THIS NOTICE TO OUR EMPLOYEES:
WE UNLAWFULLY refused to provide Public School Employees of Washington necessary and relevant collective bargaining information about the parking program and the duties of James Harrington.
TO REMEDY OUR UNFAIR LABOR PRACTICES:
WE WILL, upon request, provide necessary and relevant information concerning the budgetary condition of the parking program to Public School Employees of Washington.
WE WILL, upon request, provide necessary and relevant information concerning the job duties of James Harrington before and after his transfer to Public School Employees of Washington.
WE WILL read this notice into the record at the next public meeting of the Board of Trustees of Western Washington University, and append a copy thereof to the official minutes of such meeting.
WE WILL NOT, in any other manner, interfere with, restrain, or coerce our employees in the exercise of their collective bargaining rights under the laws of the state of Washington.
DATED: _________________ WESTERN WASHINGTON UNIVERSITY
BY: ______________________________
Authorized Representative
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE.
This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered, defaced, or covered by any other material. Questions concerning this notice or compliance with the order issued by the Commission may be directed to the Public Employment Relations Commission, 603 Evergreen Plaza Building, P. O. Box 40919, Olympia, Washington 98504-0919. Telephone: (360) 570-7300.