CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Withdrawal of Appeal; Request that Decision be Vacated
Single Topic for Decision 1437E
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1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated
Regulation 32320 gives the Board broadly worded authority to dispose of a case in any fashion it deems appropriate. Thus, the Board clearly has discretion to allow the withdrawal of a charge and complaint and to vacate the underlying proposed decision. A common sense approach is applied. Where it is clear that the parties have settled their dispute over the essential element of controversy that gave rise to the filing of the unfair practice charge, it would effectuate the purposes of the EERA to grant the request to withdraw the charge and complaint and to vacate the proposed decision.