Flynn & Merriman, by Robert D. Merriman, Attorney at Law, appeared on behalf of the complainant.

McKinlay, Hultgrenn & Vanderschoor, by Edward H. McKinlay, Attorney at Law, appeared on behalf of the respondent.

On May 18, 1989, William Kozak filed a complaint charging unfair labor practices with the Public Employment Relations Commission, wherein he alleged that the Port of Pasco had committed unfair labor practices within the meaning of RCW 41.56.140. A preliminary ruling was issued pursuant to WAC 391-45-110 on June 21, 1989, finding that a cause of action existed for: "Interference and discrimination for having given testimony in proceedings before the Commission". A hearing was convened in the matter at Pasco, Washington, on December 19, 1989, before Examiner William A. Lang. At the outset of the hearing, the parties notified the Examiner, on the record, that they had resolved their differences. On February 12, 1990, the parties filed with the Commission a written stipulation and agreement for the disposition of the dispute. Having considered the matter, the Executive Director is satisfied that the stipulation and agreement of the parties should be accepted.

NOW, THEREFORE, it is

ORDERED

1.                  The "Stipulation and Agreement" filed by the parties in the above-entitled matter is accepted.

2.                  The Port of Pasco, its officers and agents, shall:

a.       Post, in conspicuous places on its premises where notices to employees are usually posted, copies of the notice attached hereto. Such notices shall, after being duly signed by an authorized representative of the Port of Pasco, be and remain posted for 60 days. Reasonable steps shall be taken by the Port of Pasco to ensure that said notices are not removed, altered, defaced or covered by other material.

b.      Notify the Executive Director of the Commission, in writing, within 20 days following the date of this Order, as to what steps have been taken to comply herewith, and at the same time provide the Executive Director with a signed copy of the notice required by this Order.

DATED at Olympia, Washington this 8th day of March, 1990.

PUBLIC EMPLOYMENT RELATION COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director