CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Withdrawal of Appeal; Request that Decision be Vacated

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The Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. While the Board has on occasion denied a request to withdraw an unfair practice charge, e.g., in order to avoid infringing on statutory rights, no such circumstances appeared to be present here. Rather, the Board found withdrawal of the parties’ exceptions and cross-exceptions and request for dismissal of the complaint and underlying unfair practice charge pursuant to a settlement agreement between the parties to be consistent with the Meyers-Milias-Brown Act’s (MMBA) purpose of promoting harmonious labor relations. Moreover, none of the settlement’s terms required employees to release future rights, such as the right to file PERB charges, or otherwise offended the policies and purposes of the MMBA. (pp. 2-3.)