Puyallup School District, Decision 12900 (EDUC, 2018)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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In the matter of the petition of:
Curtis Leonard, Charles Lind, Warren Hopkins, and Amie Brandmire on behalf of their public school district clients
Involving certain employees of:
puyallup school district
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CASE 130738-D-18
DECISION 12900 - EDUC
DECISION OF COMMISSION
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Charles W. Lind, Attorney at Law, Patterson Buchanan Fobes & Leitch, Inc., P.S., for Curtis Leonard, Charles Lind, Warren Hopkins, and Amie Brandmire on behalf of their public school district clients and Puyallup School District.
Mike Gawley, Attorney at Law, Washington Education Association, for the Washington Education Association and affiliated local associations.
On June 29, 2018, petitioners Curtis Leonard, Charles Lind, Warren Hopkins, and Amie Brandmire on behalf of their public school district clients filed a petition for declaratory order. On July 3, 2018, Executive Director Michael Sellars provided written notice of the petition to the Washington Education Association, the Washington Association of School Administrators, the Superintendent of Public Instruction, and the law firm Porter Foster Rorick LLP. The agency placed notice of the petition on its website. The notices set a deadline of July 23, 2018, for necessary parties to respond to the petition.
On July 9, 2018, the Washington Education Association (WEA) responded. Neither the WEA nor its affiliates consented to the declaratory order.
The Commission shall not issue a declaratory order if “a necessary party whose rights would be substantially prejudiced does not consent, in writing, to the determination of the matter by a declaratory order.” WAC 391-08-520(3)(b). The WEA is a necessary party who does not consent to the declaratory order. The Commission cannot issue a declaratory order because all necessary parties have not consented.
ORDER
The petition for a declaratory order is DENIED.
ISSUED at Olympia, Washington, this 2nd day of August, 2018.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
MARILYN GLENN SAYAN, Chairperson
MARK E. BRENNAN, Commissioner
MARK BUSTO, Commissioner