Butterworth v. Public Employees Relations Commission

DOWNEY, Judge.

Petitioner seeks review of a non-final order issued by respondent striking five of the *860affirmative defenses which petitioner filed in an unfair labor practice case.

Upon consideration of the petition and response filed by the Public Employees Relations Commission we are disposed to deny the petition for the reason that petitioner has not demonstrated that he will not have an adequate remedy by review of the final agency action.

Were this a judicial proceeding in which the defendant suffered the elimination of some of his alternative defenses by motion to strike, that action would…