PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
Single Topic for Decision 2195H
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102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB has authority to dismiss complaint based upon parties’ settlement agreement reached prior to hearing before administrative law judge. The prohibition against enforcing agreements set forth in HEERA section 3563.2(b) does not apply where no party has requested that PERB issue a complaint based upon an alleged breach of a settlement agreement, nor is any party asking PERB to enforce the substantive terms of a settlement agreement by providing relief external to PERB’s own procedures. Honoring the parties’ agreement validates the Board’s settlement process, is consistent with PERB’s mission to promote harmonious labor relations and is within PERB’s authority pursuant to Regulation 32320(a).