University of Washington, Decision 10371 (PSRA, 2009)


                         STATE OF WASHINGTON
                                   
          BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
                                   
                                   
In the matter of the petition of:  )
                                   )
BETH TERRELL AND BOB LADOU         )    CASE 22394-E-09-3456
                                   )
Involving certain employees of:    )    DECISION 10371 - PSRA
                                   )
UNIVERSITY OF WASHINGTON           )    ORDER OF DISMISSAL
                                   )
___________________________________)

On April 13, 2009, Beth Terrell and Bob Ladou filed a petition for
investigation of a question concerning representation with the
Public Employment Relations Commission, seeking decertification of
the Washington Federation of State Employees (WFSE) for the
laboratory technicians of the University of Washington.  The
petition was accompanied by the current collective bargaining
agreement between the employer and WFSE, which indicated the
contract is effective July 1, 2007 through June 30, 2009.  

The petition appeared to be untimely under the Commission's rules,
and a deficiency notice was issued on April 14, 2009, pointing out
that defect.  The petitioner was given until April 24, 2009, to show
good cause why the petition should not be dismissed as untimely.  To
date, the petitioner has not filed a response.

ISSUE

The sole issue to be determined at this time is whether the
representation petition was timely filed.

Applicable Legal Principles

RCW 41.80.080(4)(b) creates a "contract bar" which is restated in
the Commission's rules as follows:

          WAC 391-25-036 Special provision-State civil service
     employees. For state civil service employees: (1) the "window"
     period specified in WAC 391-25-030(1) shall be computed as not
     more than one hundred twenty nor less than ninety days prior to
     the stated expiration date of the collective bargaining agreement.


The "window period" for the current collective bargaining agreement
was March 3, 2009 through April 1, 2009.  The petition in this case
was filed after the window period, and must be dismissed.

NOW, THEREFORE, it is

                               ORDERED
                                   
The petition for investigation of a question concerning
representation filed in the above-captioned matter is DISMISSED.

Issued at Olympia, Washington, on the  29th  day of April, 2009.

                      PUBLIC EMPLOYMENT RELATIONS COMMISSION



                      CATHLEEN CALLAHAN, Executive Director

This order will be the final order of the
agency unless a notice of appeal is filed
with the Commission under WAC 391-25-660.