CASE PROCESSING PROCEDURES; CHARGE – Withdrawal of Charge
Single Topic for Decision 2195H
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1100.06000 – Withdrawal of Charge
PERB has authority to dismiss complaint based upon parties’ settlement agreement reached prior to hearing before administrative law judge. Pursuant to PERB Regulation 32320(a), PERB has the discretion to allow the withdrawal of a charge and complaint and to vacate the underlying proposed decision. When faced with a request to withdraw a case that has reached the Board itself, the Board reviews the request to determine whether granting it would effectuate the purposes of the governing statute. Where settlement agreement clearly stated that parties have settled the dispute that formed the basis of the unfair practice charge and agreed to withdraw the charge with prejudice, and that agreement represents a full and complete resolution of the claims and disputes between the parties based upon that charge, it effectuates the purposes of HEERA to permit withdrawal of the unfair practice charge, dismiss the complaint with prejudice, and vacate the proposed decision.