Issue1: Was dismissal of the union’s complaint appropriate in light of the fact that the union served the employer with its original complaint, but failed to serve the employer’s representative?

Issue 2: Was dismissal of the union’s complaint appropriate in light of the fact that the union failed to prove that it served the employer with its amended complaint?

The Commission affirms the Examiner's decision to dismiss the union's complaint. Although the union was not required under the facts of this case to serve a copy of its original or amended complaints upon Kevin Wesley, the employer's past representative, the union failed to perfect service of its amended complaint on the employer.

For the full decision, click here.

By: Marilyn Glenn Sayan, Chairperson
Pamela G. Bradburn, Commissioner
Douglas G. Mooney, Commissioner
May 7, 2008

David Bellew, for the union.
Kevin Wesley, for the employer.

Case 21469-U-08–5470

ERC