Davies, Roberts and Reid, attorneys, by Michael McCarthy, appearing for and on behalf of District No. 1, Marine Engineers Beneficial Association and Ray Twitty.

Christine Gregoire, Attorney General, by David Slown, Assistant Attorney General, appearing for and on behalf of Washington State Ferries.

THIS MATTER came on regularly before the Marine Employees’ Commission (MEC) on November 20, 2000, when District No. 1, Marine Engineers Beneficial Association (MEBA) filed a request for grievance arbitration on behalf of Ray Twitty. In its grievance arbitration request, MEBA alleged that although Washington State Ferries (WSF) had restored engine room employees’ wages, previously deducted for retiree medical benefits, the restoration was less than the contractual $35 wage deduction.

MEBA certified that the grievance procedures in the MEBA/WSF collective bargaining agreement had been utilized and exhausted. In addition, the union certified that the arbitrator’s decision shall not change or amend the terms, conditions or application of said collective bargaining agreement and that the arbitrator’s award shall be final and binding.

The request for grievance arbitration was docketed as MEC Case No. 44-00 and assigned to Commissioner John P. Sullivan, to act as Arbitrator. A hearing was scheduled for March 9, 2001.

By facsimile on March 6, 2001, District No. 1 MEBA Branch Agent, John McCurdy, withdrew the request for grievance arbitration. The scheduled hearing was cancelled.

ORDER

It is hereby ordered that the request for grievance arbitration, filed by District No. 1, MEBA on behalf of Ray Twitty and docketed as MEC Case No. 44-00, be dismissed.

DATED this _______ day of March 2001.

MARINE EMPLOYEES’ COMMISSION

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JOHN D. NELSON, Chairman

JOHN P. SULLIVAN, Commissioner

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DAVID E. WILLIAMS, Commissioner