DECISIONS

Decision Information

Decision Content

STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

LOIS MEHLHAFF,

 

 

CASE 11776-U-95-2771

Complainant,

 

vs.

DECISION 5466-A - EDUC

TACOMA SCHOOL DISTRICT,

 

Respondent.

ORDER CORRECTING ERROR

An order issued in the above-captioned matter on March 12, 1996, as Tacoma School District, 5466 (EDUC, 1996), dismissed certain unfair labor practice charges against the Tacoma School District and found that a hearing was warranted on other issues which stated a cause of action under Chapter 41.59 ROW. J. Martin Smith was designated as Examiner, to conduct further proceedings in the matter.

In correspondence with the parties, errors have been detected in the Order of Partial Dismissal. Specifically:

* Paragraphs 1.0 and 1.1 of the original complaint, which allege interference violations against the employer for agreeing to and enforcing discriminatory union dues and fees, were found to state a cause of action in the initial preliminary ruling letter. Those paragraphs were not repeated in the amended complaint submitted on November 20, 1995, but neither were they withdrawn. They were not listed on page 10 of Decision 5466, although they are proper matters for hearing in this matter.

* Paragraph 1.2 of the original complaint was found unclear in the initial preliminary ruling letter, and was withdrawn by an amendment submitted on November 20, 1995. The text of Decision 5466 correctly describes the demise of the issue at page 2, but paragraph 1.2 was inadvertently listed on page 10 of Decision 5466 among those matters on which a hearing is necessary.

NOW, THEREFORE, it is

ORDERED

1.                  Paragraphs 1.0 and 1.1 of the original complaint are remanded to Examiner J. Martin Smith for further proceedings under Chapter 391-45 WAC. The Tacoma School District is directed to file its answer to paragraphs 1.0 and 1.1 within 21 days following the issuance of this Order. The effects of failure to answer are as described in Decision 5466, supra.

2.                  The reference in Decision 5466 to "paragraph 1.2" of the original complaint is stricken, and no further proceedings shall be had on that material.

Issued at Olympia, Washington, on the 10th day of June, 1996.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

REX L. LACY Senior Staff Member

Paragraph 2 of this order will be the final order of the agency on that matter unless appealed by filing a petition for review with the Commission pursuant to WAC 391-45-350.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.