HISTORICAL NOTE
LEAVENWORTH SCHOOL DISTRICT
and
LEAVENWORTH EDUCATION
ASSOCIATION
DECISION 533-H (EDUC)
NPER 74.37UNFAIR PRACTICE REMEDIES--TYPES OF
ORDERS--INTERIM RELIEF
Following is an
excerpt from the minutes of the Commission meeting held on August 18, 1978:
"Motion for injunction pendent lite
made pursuant to WAC 391-30-560.
"Ms. Judith Lonnquist, appearing for the
Leavenworth Education Association, presented a brief history of the dispute leading
up to the filing of the motion with the Commission. She placed particular stress on the economic
impact of these discharges as well as the irreparable harm to the future
teaching careers of the discharged teachers.
"Mr. David J. Whitmore, representing the
Leavenworth School District, spoke in opposition to the granting of the motion,
using as the basis for his argument the fact that the Leavenworth Education
Association was presently pursuing remedies in two separate actions: (1) an unfair labor practice complaint is
being processed by the Commission, and (2) a hearing has been set under
28A.58.455 and a hearing examiner has been appointed. The school had engaged substitutes and would
be fully staffed when school opened.
"The Commission questioned both parties on
various points of their arguments and then recessed to reach a decision. At the conclusion of the recess Chairman Krug
announced that the arguments for and against the motion had been carefully considered
by the Commission and it had been determined that the motion for an injunction pendent
lite should be denied. The basis
for this decision was two-fold: One, the
Leavenworth Education Association was currently pursuing relief in two separate
actions, and two, the decision in Samson v. Murray, 415 U.W. 61, 94
S.Ct. 947 (1974). Commissioners Beck and
Roberts concurred in the decision."
By: Mary Ellen Krug, Chairman
Michael H. Beck, Commissioner
Paul A. Roberts, Commissioner
August 18, 1978
Case 1520-U-78-204