GENERAL LEGAL PRINCIPLES; MOOTNESS – In General

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“A case in controversy becomes moot when the essential nature of the complaint is lost because of some superseding act or acts of the parties.” [Citation.] “A charge that an employer’s unilateral change to a particular term or condition of employment was unlawful does not become moot merely because the parties reach agreement on that term or condition in subsequent negotiations. [Citation.] Only when the agreement clearly settles the issue of whether the respondent’s conduct was unlawful or explicitly waives the charging party’s right to pursue the charge will PERB find a case moot under these circumstances.” [Citation.] An actual dispute remains between the parties even if their subsequent agreement narrows the available relief. (p. 11.)