City of Spokane, Decision 10007 (PECB, 2008)


                         STATE OF WASHINGTON
                                   
          BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
                                   
                                   
INTERNATIONAL ASSOCIATION          )
OF FIRE FIGHTERS, LOCAL 29,        )
                                   )
                    Complainant,   )    CASE 20615-U-06-5249
                                   )
          vs.                      )    DECISION 10007 - PECB
                                   )
CITY OF SPOKANE,                   )
                                   )
                    Respondent.    )    ORDER OF DISMISSAL
___________________________________)


On August 28, 2006, the International Association of Fire Fighters,
Local 29, filed an unfair labor practice complaint against the City
of Spokane (employer).  The complaint asserted that the employer
refused to bargain regarding changes in a "Garrity Rights" form.  In
a preliminary ruling issued October 10, 2006, the parties were
notified that the complaint stated a cause of action.

The employer filed its answer to the complaint on October 30, 2006. 
The answer stated that "The City has now agreed with the Complainant
that the language [of the Garrity rights form] should be amended to
reflect the Court's decision and is engaged in collective bargaining
over the issue.  Therefore, this Compliant should be dismissed as
the parties are negotiating the issues."

On December 14, 2006,  Examiner Katrina I. Boedecker spoke with Greg
Borg, President of Local 29.  He confirmed that the matter had been
settled.  Although the Examiner has made numerous requests, a
written withdrawal of the complaint has not been forthcoming.

On January 14, 2008, the Examiner issued a show cause directive
advising the complainant that unless good cause was shown on or
before January 28, 2008, as to why such action should not be taken,
the complaint charging unfair labor practices would be dismissed for
lack of prosecution.  The complainant filed nothing in response.

NOW, THEREFORE, it is 

                               ORDERED 
                                   
The complaint charging an unfair labor practice filed in this matter
is DISMISSED for lack of prosecution.

Issued at Olympia, Washington, on the  19th  day of March, 2008.


                    PUBLIC EMPLOYMENT RELATIONS COMMISSION



                    KATRINA I. BOEDECKER, Examiner


This order will be the final order of the
agency unless a notice of appeal is filed
with the Commission under WAC 391-45-350.