CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Withdrawal of Appeal; Request that Decision be Vacated
Single Topic for Decision 2707M
Full Decision Text (click on the link to view): Full Text
1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated
As part of the Board’s authority to take any action in a pending case that the Board deems necessary to discharge its duties and effectuate the purposes of the labor relations laws that PERB enforces, the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. (MMBA, § 3509, subd. (a); EERA, § 3541.3, subds. (i) and (n); Sanitation Districts of Los Angeles County (2019) PERB Decision No. 2656-M, p. 2; City of Santa Rosa (Fire Department) (2019) PERB Decision No. 2653-M, p. 2.) 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 MMBA’s purpose of promoting harmonious labor relations and granted requests. Parties’ exceptions and cross-exceptions to the proposed decision deemed withdrawn, complaint and underlying unfair practice charge dismissed with prejudice, and proposed decision vacated.