Section 391-45-430 - Motion for temporary reliefIn 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.Wash. Admin. Code § 391-45-430
Amended by WSR 22-23-101, Filed 11/16/2022, effective 1/1/2023Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 41.56.160(3) and 41.59.150. 00-14-048, § 391-45-430, filed 6/30/00, effective 8/1/00; 98-14-112, § 391-45-430, filed 7/1/98, effective 8/1/98. Statutory Authority: RCW 41.58.050, 28B.52.080, 41.56.090, 41.59.110, 28B.52.073 and 41.59.150. 90-06-074, § 391-45-430, filed 3/7/90, effective 4/7/90. Statutory Authority: RCW 28B.52.080, 41.56.040, 41.58.050, 41.59.110 and 47.64.040. 80-14-048 (Order 80-7), § 391-45-430, filed 9/30/80, effective 11/1/80.