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SPOKANE CO. v. STATE EX REL. CO. COMRS.

No. 64794-1.

966 P.2d 305 (1998)

136 Wash.2d 644

SPOKANE COUNTY, on the relationship of the County Commissioners and James R. Sweetser, Spokane County Prosecuting Attorney, Respondents, v. The STATE of Washington, the Public Employment Relations Commission, an agency of the State of Washington, Marvin L. Schurke, its Executive Director, and Dustin C. McCreary, Janet L. Gaunt, and Sam Kinville, its Commission Members, Appellants.

Supreme Court of Washington, En Banc.

Decided October 22, 1998.

Attorney(s) appearing for the Case

Jeffrey C. Sullivan, Yakima County Prosecutor, Ronald S. Zirkle, Deputy Yakima County Prosecutor, Yakima, Amicus Curiae on behalf of Washington Association of Prosecuting Attorneys.

Christine Gregoire, Attorney General, Spencer W. Daniels, Asst. Attorney General, Olympia, Powell & Morris, William J. Powell, Spokane, for Appellants.

James Sweetser, Spokane County Prosecutor, Martin F. Muench, Kathryn Lee, Deputies Spokane County Prosecutor, Spokane, for Respondents.

JOHNSON, Justice.

The central issue presented in this appeal is whether the Public Employment Relations Commission (PERC) has jurisdiction to hear labor related complaints against the Spokane County Deputy Prosecutors (Deputy Prosecutors). The Superior Court held the Deputy Prosecutors do not fall within the statutory definition of "employee" under the Public Employees' Collective Bargaining Act, RCW 41.56(Act) and, thus, are not subject to PERC jurisdiction. PERC...

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