All notes for Subtopic 1100.06000 – Withdrawal of Charge
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2671E | Lake Elsinore Unified School District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge In light of the concerns raised by the allegations in charging party’s motion that the employer breached the parties’ settlement agreement and that some of the terms of the agreement violated charging party’s rights under the Educational Employment Relations Act, the Board denied charging party’s request to withdraw the charge in this case. (p. 2., fn. 2.) more or view all topics or full text. | 44 | 72 | 09/27/19 |
| 2681M | County of Contra Costa 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge As part of the Board’s authority to take any action in a pending case that it 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 or dismiss exceptions, appeals, and cases pending before the Board, as well as to vacate or otherwise withdraw administrative determinations and other decisions or orders issued at any level of PERB. Here, after reviewing the parties’ settlement agreement, the Board found the joint request for withdrawal to be consistent with the Meyers-Milias-Brown Act’s purpose of promoting harmonious labor relations and therefore granted the withdrawal. (pp. 2-3.) more or view all topics or full text. | 44 | 87 | 11/06/19 |
| 2675E | Lake Elsinore Unified School District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge In light of the concerns raised by the allegations in charging party’s motion that the employer breached the parties’ settlement agreement and that some of the terms of the agreement violated charging party’s rights under the Educational Employment Relations Act, the Board denied charging party’s request to withdraw the charge in this case. (p. 3, fn. 3.) more or view all topics or full text. | 44 | 78 | 10/17/19 |
| 2708E | Solano County Community College District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge In this case (like most cases except those involving a continuing violation), the distinction between a withdrawal with prejudice and one without prejudice is meaningless because the underlying claims were already more than six-months old at the time of the withdrawal, and thus could not form the basis for a new complaint. (p. 3.) more or view all topics or full text. | 44 | 162 | 04/16/20 |
| 2708E | Solano County Community College District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge The Board found that the ALJ’s notice of withdrawal did not comply with the express requirements of PERB Regulation 32625 because it failed to indicate whether the withdrawal was with or without prejudice. This was clear error insofar as the regulation gave the ALJ no authority to grant withdrawal of the charge without such a determination. At a minimum, the ALJ should have solicited charging party’s intent and the employer’s position before granting the withdrawal. Similarly, when the employer brought the error to her attention, the ALJ should have undertaken the required determination and corrected the notice to comply with the regulation. (p. 3.) more or view all topics or full text. | 44 | 162 | 04/16/20 |
| 2420E | Jurupa Unified School District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge Charging party’s motion to re-introduce a previously withdrawn charge by amending the complaint at the hearing was untimely, since the alleged conduct occurred more than six months prior to the motion. more or view all topics or full text. | 39 | 141 | 04/23/15 |
| 2413M | Turlock Irrigation District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge The Board has the discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. (PERB Reg. 32320(a)(2).) Here, neither of the parties objects to the disposition described above. The Board has a longstanding policy favoring voluntary settlement of disputes. Based on the Board’s review of IBEW’s request, and the entire record in this matter, the Board finds the request to be in the best interest of the parties and consistent with the purposes of the MMBA to promote harmonious labor relations. more or view all topics or full text. | 39 | 105 | 02/25/15 |
| 2195H | Trustees of the California State University (San Marcos) 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; 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. more or view all topics or full text. | 36 | 29 | 08/12/11 |
| 2152S | State of California (Department of Personnel Administration) 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge The Board has discretion to grant or deny requests to withdraw or dismiss cases pending before the Board itself. Where the charge presented significant legal issues and the issuance of a decision on the matter would provide guidance to similar cases also pending before PERB, the request to withdraw was denied. more or view all topics or full text. | 35 | 17 | 12/16/10 |
| A380E | Grossmont-Cuyamaca Community College District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge The Board possesses the discretion to grant or deny requests for withdrawal. However, when such a request involves a matter of continuing public interest, and when a precedential ruling on the matter will be instructive to all parties similarly situated, the Board exercises discretion in the interest of justice. Because the instant appeal presented significant legal issues, and because the representation rights of over 1400 employees were at issue, the Board denied the request for withdrawal on the basis that the best interests of justice were not served by granting the request. more or view all topics or full text. | 33 | 111 | 06/22/09 |
| 1927M | Bay Area Air Quality Management District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge The Board may grant a request to withdraw an appeal of a proposed decision and the underlying charge, provided the withdrawal is in the best interests of the parties and consistent with the purposes of the Meyers-Milias-Brown Act. more or view all topics or full text. | 31 | 153 | 11/06/07 |
| 1925E | Delano Union Elementary School District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge The Board may grant a request to withdraw an appeal of a proposed decision and the underlying charge, provided the withdrawal is in the best interests of the parties and consistent with the purposes of the Meyers-Milias-Brown Act. more or view all topics or full text. | 31 | 151 | 10/01/07 |
| 1875E | Hesperia Unified School District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge Board reaffirmed its granting of District's request to withdraw its exceptions to the ALJ’s proposed decision. Thus, the substance of the ALJ’s decision and the decision itself stood. more or view all topics or full text. | 31 | 39 | 12/29/06 |
| 1860E | Calexico Unified School District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge The Board may grant a request to withdraw an appeal of a proposed decision and the underlying charge, provided the withdrawal is in the best interests of the parties and consistent with the purposes of the Educational Employment Relations Act. more or view all topics or full text. | 31 | 5 | 09/29/06 |
| 1878E | Riverdale Joint Unified School District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge The Board found the withdrawal of the District’s appeal to be in the best interests of the parties and to be consistent with the purposes of EERA, and therefore granted the withdrawal of the District’s appeal. more or view all topics or full text. | 31 | 43 | 01/10/07 |
| 1861E | West Hills Community College District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge The Board found the withdrawal of the District’s appeal to be in the best interests of the parties and to be consistent with the purposes of EERA, and therefore granted the withdrawal of the District’s appeal. more or view all topics or full text. | 31 | 6 | 09/29/06 |
| 1786E | Tamalpais Union High School District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge The Board may grant a request to withdraw an appeal of a dismissal and the underlying charge based upon the joint resolution of the issues by the parties, provided it is in the best interests of the parties and consistent with the purposes of the Educational Employment Relations Act (EERA). more or view all topics or full text. | 30 | 11 | 12/08/05 |
| A329M | County of Riverside 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge Board finds that charge will not be dismissed without prejudice if to do so would not assist in establishing uniform and orderly methods of communication between employees and public agencies by which they are employed or if it does not promote full communication between public employers and employees. This would ensure that the decisions remain consistent with the purpose of the MMBA. Board will not allow withdrawal where no justification provided. The charging party won the case before the ALJ, and the withdrawal would not result in a final resolution of the dispute. more or view all topics or full text. | 28 | 20 | 11/25/03 |
| 1556E | Ravenswood City Elementary School District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge PERB grants a request to withdraw an unfair practice charge with prejudice pursuant to a settlement agreement if it is within the best interests of the party and consistent with the purposes of the Educational Employment Relations Act (EERA). more or view all topics or full text. | 28 | 13 | 11/13/03 |
| A038E | Norwalk-La Mirada Unified School District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge Charging party may withdraw charge with prejudice after hearing on the merits. Charging party withdrew charge after employer returned employee to his prior position. Each reprisal case stands on its own set of facts and the employer is incorrect in arguing that withdrawal should be rejected because of application of a broad legal principle. more or view all topics or full text. | 2 | 2126 | 06/19/78 |
| 0848H | California State University (California Faculty Association) 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge Board concurs with withdrawal of appeal of dismissal and underlying charge based upon settlement that is in the best interest of the parties and consistent with the HEERA. more or view all topics or full text. | 14 | 21206 | 10/30/90 |
| 0831E | ABC Unified School District (American Federation of State, County and Municipal Employees) 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge Board granted charging party's request to withdraw the underlying charge and set aside the proposed decision. more or view all topics or full text. | 14 | 21157 | 08/03/90 |
| 0831Eb | ABC Unified School District (American Federation of State, County and Municipal Employees) 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge Board reaffirmed its granting of charging party's request to withdraw the underlying charge and set aside the proposed decision; p. 2. Board has discretion to grant charging party's request to withdraw the underlying charge after exceptions have been filed by the respondent only; p. 3. Where the parties have effectively settled an essential element of the controversy, the Board may allow the withdrawal of the underlying charge; p. 5. more or view all topics or full text. | 15 | 22066 | 03/27/91 |
| 0704E | Compton Community College District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge Based on charging party's notice of withdrawal with prejudice of the entire charge, including that portion before the Board, and the lack of any response by respondent opposing the withdrawal of the charge, the Board dismissed the unfair practice charge with prejudice. more or view all topics or full text. | 12 | 19189 | 11/22/88 |
| 0714E | Bonita Unified School District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge Board granted association's request to withdraw with prejudice its appeal of Board agent's dismissal of its unfair practice charge. more or view all topics or full text. | 13 | 20026 | 12/29/88 |
| 0185E | Nevada City School District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge Once charge is withdrawn with prejudice, subjects raised therein cannot be resubmitted to ALJ for ruling. more or view all topics or full text. | 6 | 13007 | 12/04/81 |
| 0148E | Victor Valley Joint Union High School District 1100.06000: CASE PROCESSING PROCEDURES; CHARGE; Withdrawal of Charge Charge is dismissed when union refuses to honor agreement that it would withdraw charge with prejudice once parties had entered a final contract agreement. PERB settlement procedures would be damaged if party could renege on settlement agreements. more or view all topics or full text. | 5 | 12004 | 12/11/80 |