CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Withdrawal of Appeal; Request that Decision be Vacated
Single Topic for Decision 2596M
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1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated
Ordinarily, when a party requests to withdraw its exceptions, by operation of PERB Regulation 32305, subdivision (a), the proposed decision becomes final and binding as to the parties, but without precedential effect for future decisions. However, where the parties’ dispute was disposed of via a global settlement of all outstanding issues, including the collateral unfair practice charge, and involved substantial back pay to the affected employees as part of the settlement agreement, the Board exercised its discretion to vacate the proposed decision as part of granting the withdrawal of exceptions.