Washington Administrative Code › Title 391 - Public Employment Relations Commission › Chapter 391-45 - Unfair labor practice case rules › Section 391-45-430 - Motion for temporary relief

Current through Register Vol. 24-14, July 15, 2024
In addition to the remedies available under WAC
				391-45-410, a complainant in an
				unfair labor practice proceeding may make a motion requesting that the
				commission seek appropriate temporary relief through the superior court. All
				such motions must be processed as provided in this section.
(1) When the complaint is filed, or as soon
			 thereafter as facts giving rise to the request for temporary relief become
			 known, the complainant shall file and serve written notice of its intent to
			 make a motion for temporary relief with the executive director as required by
			 WAC 391-08-120.
(2) Upon the filing of a notice of intent to
			 make a motion for temporary relief, the processing of the matter must be
			 expedited under WAC
			 391-45-110.
(3) After a determination that the complaint
			 states a cause of action under WAC
			 391-45-110, the complainant may
			 file and serve, as required by WAC
			 391-08-120, a motion for
			 temporary relief together with affidavits as to the risk of irreparable harm
			 and the adequacy of legal remedies.
(4) If a motion for temporary relief is
			 filed, the due date for counter-affidavits is seven days following the date on
			 which a party wishing to file counter-affidavits is served with a motion for
			 temporary relief. Counter-affidavits must be filed and served as required by
			 WAC 391-08-120.
(5) The executive director shall forward all
			 motions and affidavits to the commission, which shall determine whether an
			 injunction for temporary relief should be sought. In making its determination,
			 the commission must adhere to the following policy:
The name and authority of the public employment relations
				commission may not be invoked in connection with a request for temporary relief
				before the completion of administrative proceedings under this chapter, unless
				it appears that one or more of the allegations in the complaint is of such a
				nature that, if sustained, the complainant would have no fair or adequate
				remedy and would suffer irreparable harm if the status quo is not returned
				pending the completion of administrative proceedings.
(a) If the commission concludes that
			 temporary relief should be sought, the executive director, acting in the name
			 and on behalf of the commission and with the assistance of the attorney
			 general, shall petition the superior court of the county in which the main
			 office of the employer is located or wherein the person who is alleged to be
			 engaging in unfair labor practices resides or transacts business for an
			 injunction for temporary relief.
(b) Whenever temporary relief has been
			 procured, the complaint that has been the basis for the temporary relief must
			 be heard expeditiously, and the case must be given priority over all other
			 cases except cases of like character.
(c) A determination by the commission that
			 temporary relief should not be sought at a particular time does not bar renewal
			 of the motion for temporary relief following the completion of administrative
			 proceedings in which unfair labor practice violations have been found to
			 exist.