All notes for Subtopic 1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2596M | County of Riverside 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; 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. more or view all topics or full text. | 43 | 76 | 11/16/18 |
| A332E | Santa Clarita Community College District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Respondent filed an administrative appeal to lift a stay imposed by a Board agent. Before the Board could rule on the merits of the appeal, the Board agent lifted the stay. At respondent’s request, the Board granted respondent’s withdrawal of its administrative appeal. (pp. 1-2.) more or view all topics or full text. | 28 | 94 | 02/26/04 |
| 2596M | County of Riverside 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; 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. more or view all topics or full text. | 43 | 76 | 11/16/18 |
| 2826M | Tahoe-Truckee Sanitation Agency 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board has on occasion denied a request to withdraw an unfair practice charge, e.g., in order to avoid infringing on statutory rights (Lake Elsinore Unified School District (2019) PERB Decision No. 2633, p. 1, fn. 1), or when an appeal involves a matter of continuing public interest and a precedential ruling on the matter will be instructive to all parties similarly situated (Oakland Unified School District, supra, PERB Order No. Ad-171a, p. 1). The Board, for example, has denied requests to withdraw in the interest of justice in representation matters involving large bargaining units (id. at p. 2; Grossmont, supra, PERB Order No. Ad-380, p. 2), and to address allegations that the State of California unlawfully implemented furloughs (State of California, supra, PERB Decision No. 2152-S, p. 5). more or view all topics or full text. | 47 | 30 | 07/07/22 |
| 2826M | Tahoe-Truckee Sanitation Agency 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. (§§ 3509, subd. (a), 3541.3, subds. (i) and (n); PERB Reg. 32320, subd. (a)(2) [“The Board itself may . . . [¶] . . . take such other action as it considers proper.”]; County of Riverside (2020) PERB Decision No. 2707-M, p. 2.) The Board has a longstanding policy favoring voluntary settlement of disputes. (Dry Creek Joint Elementary School District (1980) PERB Order No. Ad-81a.) The Board generally grants such requests where it finds the request to be in the best interest of the parties and consistent with the purposes of the applicable Act. (See, e.g., County of Riverside, supra, PERB Decision No. 2707-M, p. 3; Sanitation Districts, supra, PERB Decision No. 2656-M, p. 2; Santa Rosa, supra, PERB Decision No. 2653-M, p. 2.) more or view all topics or full text. | 47 | 30 | 07/07/22 |
| 2700M | County of Riverside 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated 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.) more or view all topics or full text. | 44 | 149 | 03/12/20 |
| 2685M | County of Santa Clara 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Under 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 statutes PERB enforces, the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. (pp. 2-3.) more or view all topics or full text. | 44 | 106 | 12/10/19 |
| 2707M | County of Riverside 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; 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. more or view all topics or full text. | 44 | 161 | 04/15/20 |
| 2696H | Regents of the University of California (Berkeley) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; 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. (HEERA, § 3563, subds. (h), (m); State of California (Department of Personnel Administration) (2010) PERB Decision No. 2152- S, p. 5.) The Board found that withdrawing AFSCME’s unfair practice charge with prejudice, withdrawing the exceptions, and vacating the proposed decision were consistent with the purposes of HEERA to promote harmonious and cooperative labor relations between the State’s public institutions of higher education and their employees. more or view all topics or full text. | 44 | 138 | 02/18/20 |
| 2620M | City of Hayward and Service Employees International Union Local 1021 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Based on the Board’s review of the parties’ joint request and their settlement agreement, and the entire record, the Board found granting 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. | 43 | 119 | 01/08/19 |
| A476M | County of Santa Clara 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Under 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 statutes PERB enforces, the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. Board found that withdrawal of an appeal of an administrative determination granting a stay in a decertification election pending resolution of a related unfair practice charge to be consistent with the MMBA’s purpose of promoting harmonious labor relations because the charge underlying the stay had reached a final resolution. (p. 2.) more or view all topics or full text. | 44 | 82 | 10/24/19 |
| A474E | Sonoma County Junior College District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; 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, as well as to vacate or otherwise withdraw administrative determinations and other decisions or orders issued at any level of PERB. (EERA, § 3541.3, subds. (i) and (n); MMBA, § 3509, subd. (a); City of Santa Rosa (Fire Department) (2019) PERB Decision No. 2653-M, p. 2.) Board found union’s unopposed request to withdraw its appeal and the underlying unit modification petition, and to vacate administrative determination pursuant to a settlement agreement between the parties, to be consistent with EERA’s purpose of promoting harmonious labor relations. Matter closed and compliance deemed complete. more or view all topics or full text. | 44 | 46 | 08/12/19 |
| 2656M | Sanitation Districts of Los Angeles County 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; 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. (EERA, § 3541.3, subds. (i) and (n); MMBA, § 3509, subd. (a); City of Santa Rosa (Fire Department) (2019) PERB Decision No. 2653-M, p. 2.) Board found withdrawal of the union’s exceptions and request that no further action be taken in the case pursuant to a settlement agreement between the parties to be consistent with the MMBA’s purpose of promoting harmonious labor relations and granted requests. Matter closed and compliance deemed complete. more or view all topics or full text. | 44 | 26 | 07/11/19 |
| 2620M | City of Hayward and Service Employees International Union Local 1021 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Based on the Board’s review of the parties’ joint request and their settlement agreement, and the entire record, the Board found granting 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. | 43 | 119 | 01/08/19 |
| 2655M | Rosamond Community Services District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; 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. (EERA, § 3541.3, subds. (i) and (n); MMBA, § 3509, subd. (a); City of Santa Rosa (Fire Department) (2019) PERB Decision No. 2653-M, p. 2.) Board found withdrawal of the District’s exceptions and parties’ joint request that no further action be taken in the case pursuant to a settlement agreement between the parties to be consistent with the MMBA’s purpose of promoting harmonious labor relations and granted requests. Matter closed and compliance deemed complete. more or view all topics or full text. | 44 | 25 | 07/10/19 |
| A443Ea | Morgan Hill Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board has discretion whether to permit withdrawal of an appeal. more or view all topics or full text. | 41 | 184 | 05/30/17 |
| A443Ea | Morgan Hill Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated PERB Regulations do not provide for motions to vacate Board decisions. more or view all topics or full text. | 41 | 184 | 05/30/17 |
| 2576M | County of Riverside 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Based on the Board’s review of the parties’ request to dismiss the complaint and unfair practice charge, 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. | 43 | 24 | 06/29/18 |
| 2569M | City of San Jose (International Federation of Professional and Technical Employees) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Where parties requested to place case in abeyance after exceptions were filed, and did not respond to letter from PERB’s General Counsel stating his understanding that the matter had been resolved, the Board deemed the exceptions withdrawn and dismissed the complaint and underlying unfair practice charge with prejudice. more or view all topics or full text. | 43 | 4 | 06/14/18 |
| 2570M | City of San Jose (International Association of Fire Fighters Local 230) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Where parties requested to place case in abeyance after exceptions were filed, and did not respond to letter from PERB’s General Counsel stating his understanding that the matter had been resolved, the Board deemed the exceptions withdrawn and dismissed the complaint and underlying unfair practice charge with prejudice. more or view all topics or full text. | 43 | 5 | 06/14/18 |
| 2542E | Lynwood Teachers Association (Porter, et. al) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Based on the Board’s review of the parties’ request to dismiss the complaint and unfair practice charge, the Board finds the request to be in the best interest of the parties and consistent with the purposes of EERA to promote harmonious labor relations. more or view all topics or full text. | 42 | 60 | 11/09/17 |
| 2564M | County of San Joaquin 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Under its broad powers to “investigate unfair practice charges or alleged violations of [the MMBA], the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. When an appeal pending before the Board involves a matter of continuing public interest and a precedential ruling on the matter will be instructive to similarly-situated parties, the Board has exercised its discretion by denying a request for withdrawal, in the interest of justice. The Board found the parties’ requests for withdrawal and dismissal 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. | 42 | 156 | 05/31/18 |
| 2526H | Regents of the University of California (Los Angeles) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Under its broad powers to “investigate unfair practice charges or alleged violations of [HEERA], the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. When an appeal pending before the Board involves a matter of continuing public interest and a precedential ruling on the matter will be instructive to similarly-situated parties, the Board has exercised its discretion by denying a request for withdrawal, in the interest of justice. After carefully reviewing the settlement agreement in this case, the Board found withdrawal and dismissal to be in the best interest of the parties and consistent with the purposes of HEERA. more or view all topics or full text. | 41 | 176 | 05/18/17 |
| 2515M | City of San Luis Obispo 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Under its broad powers to “investigate unfair practice charges or alleged violations of [the MMBA], the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. When an appeal pending before the Board involves a matter of continuing public interest and a precedential ruling on the matter will be instructive to similarly-situated parties, the Board has exercised its discretion by denying a request for withdrawal, in the interest of justice. After carefully reviewing the settlement agreement in this case, the Board found the parties’ requests for withdrawal and dismissal 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. | 41 | 134 | 02/13/17 |
| 2496M | City of Pinole 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Based on review of the parties’ request pursuant to their settlement agreement and the entire record in this case, the Board finds it in the best interest of the parties and consistent with the purposes of the MMBA to promote harmonious labor relations to dismiss with prejudice the complaint and underlying unfair practice charge and consider the exceptions to the proposed decision withdrawn. more or view all topics or full text. | 41 | 38 | 07/26/16 |
| 2497M | City of Fremont 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Joint request to withdraw the matter was in the best interests of the parties and consistent with the purposes of the MMBA; with withdrawal of the complaint, exceptions and cross exceptions, proposed decision was vacated and the complaint and underlying unfair practice charge were dismissed with prejudice. more or view all topics or full text. | 41 | 39 | 07/26/16 |
| 2477M | County of Madera 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Joint request to withdraw the matter following execution of a tentative agreement resolving the underlying issues in dispute and pursuant to a settlement and release agreement was in the best interests of the parties and consistent with the purposes of the MMBA; with withdrawal of the matter, exceptions and cross exceptions and requests for oral argument were deemed withdrawn, proposed decision was vacated and the complaint and underlying unfair practice charge were dismissed with prejudice. more or view all topics or full text. | 40 | 157 | 03/29/16 |
| 2442M | County of Sacramento 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Joint request to withdraw the matter pursuant to a settlement of the underlying dispute was in the best interest of the parties and consistent with the purposes of the MMBA; with withdrawal of the matter, exceptions were deemed withdrawn, proposed decision was vacated and the complaint and underlying unfair practice charge were dismissed with prejudice. more or view all topics or full text. | 40 | 33 | 07/23/15 |
| 2436M | County of Fresno 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated PERB Regulation 32320, subdivision (a)(2) grants the Board discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. The Board has a longstanding policy favoring the voluntary settlement of disputes. more or view all topics or full text. | 40 | 12 | 06/22/15 |
| 2413M | Turlock Irrigation District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated 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 |
| 2412M | City of Milpitas 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Under PERB Regulation 32320(a)(2), the Board has the discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. more or view all topics or full text. | 39 | 99 | 02/19/15 |
| 2403E | Bellflower Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Pursuant to PERB Reg. 32320(a)(2), the Board has the discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. more or view all topics or full text. | 39 | 81 | 12/19/14 |
| 2395E | San Mateo County Community College District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Request to “dismiss any further proceedings” was construed as a request to withdraw exceptions; withdrawal of exceptions pursuant to a settlement agreement was in the best interests of the parties and consistent with the purposes of EERA; with withdrawal of exceptions, proposed decision became final. more or view all topics or full text. | 39 | 58 | 10/22/14 |
| A398M | County of Santa Clara 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board’s decision granting Charging Party’s request to withdraw his appeal from dismissal in Case No. SF-CE-988-M does not constitute “new evidence” warranting reconsideration in this case. more or view all topics or full text. | 37 | 186 | 03/08/13 |
| 2310M | South Coast Air Quality Management District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board has the discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. The Board approved charging party's request for withdrawal as consistent with the purposes of the MMBA. more or view all topics or full text. | 03/08/13 | ||
| 2429M | County of Orange 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. Following the filing of exceptions to a proposed decision, the Board granted the parties’ withdrawal request, vacated the proposed decision and dismissed the unfair practice charge with prejudice, finding that such disposition was in the best interests of the parties and consistent with the purposes of the MMBA. more or view all topics or full text. | 39 | 178 | 06/04/15 |
| 2330E | Coast Community College District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Following the filing of exceptions to a proposed decision, the Board granted the parties’ withdrawal request, vacated the proposed decision and dismissed the unfair practice charge with prejudice, finding that such disposition was in the best interests of the parties and consistent with the purposes of the EERA. more or view all topics or full text. | 38 | 55 | 10/09/13 |
| A408M | County of Sacramento 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Following the filing of an appeal from the dismissal of a severance petition for lack of jurisdiction given the existence of local rules that could accomplish the same severance purpose, the Board granted the parties’ withdrawal request due to resolution of the dispute through an arbitration process that resulted in the petitioned-for severance, finding that such disposition was in the best interests of the parties and consistent with the purposes of the MMBA. more or view all topics or full text. | 38 | 149 | 04/08/14 |
| 2339E | Compton Community College District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Following the filing of exceptions to a proposed decision, the Board granted the parties’ withdrawal request, vacated the proposed decision and dismissed the complaint with prejudice, finding that such disposition was in the best interests of the parties and consistent with the purposes of the EERA. more or view all topics or full text. | 38 | 84 | 11/21/13 |
| 2328M | City of Lompoc 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Following the filing of exceptions to a proposed decision, the Board granted the parties' withdrawal request and dismissed the unfair practice charges with prejudice, finding that such disposition was in the best interests of the parties and consistent with the purposes of the MMBA. more or view all topics or full text. | 38 | 57 | 10/03/13 |
| 2352M | County of Fresno 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Following the filing of exceptions to a proposed decision, the Board granted the parties' withdrawal request, vacated the proposed decision and dismissed the unfair practice complaint and underlying charge with prejudice, finding that such disposition was in the best interests of the parties and consistent with the purposes of the EERA; the Board refused to grant charging party's request that the unfair practice charge be dismissed without prejudice given completion of litigation and lack of agreement by the respondent. more or view all topics or full text. | 38 | 124 | 01/29/14 |
| 2293H | Trustees of the California State University (Sacramento) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. more or view all topics or full text. | 37 | 120 | 11/29/12 |
| 2291M | El Camino Hospital District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Withdrawal of charge pursuant to global settlement agreement is in the best of interests of the parties and consistent with the purposes of the MMBA. more or view all topics or full text. | 37 | 103 | 11/19/12 |
| 2269E | Los Angeles Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Withdrawal of charge pursuant to global settlement agreement is in the best interests of the parties and consistent with the purposes of HEERA. more or view all topics or full text. | 37 | 8 | 05/31/12 |
| 2257H | Regents of the University of California (Los Angeles) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Withdrawal of charge pursuant to global settlement agreement is in the best interests of the parties and consistent with the purposes of HEERA. more or view all topics or full text. | 36 | 168 | 04/25/12 |
| 2292M | County of Santa Clara 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board has the discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. Withdrawal is in the best interests of the parties and consistent with the purposes of the MMBA. more or view all topics or full text. | 37 | 115 | 11/27/12 |
| 2200E | Mendocino County Office of Education 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Withdrawal of charge pursuant to global settlement agreement is in the best interests of the parties and consistent with the purposes of EERA. more or view all topics or full text. | 36 | 42 | 09/08/11 |
| 2248M | County of Riverside 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Request for withdrawal of the appeal of a partial dismissal of charge granted, as PERB finds withdrawal in the best interest of the parties and consistent with the purposes of the MMBA. more or view all topics or full text. | 36 | 150 | 04/06/12 |
| 2193E | Red Bluff Union High School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board finds withdrawal of complaint and underlying charge pursuant to parties’ settlement to be in the best interests of the parties and to be consistent with the purposes of EERA. more or view all topics or full text. | 36 | 21 | 08/05/11 |
| 2255Ha | Regents of the University of California (Irvine) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Pursuant to Board’s longstanding policy favoring voluntary settlement of disputes, it effectuates the purposes of HEERA to grant joint request for reconsideration to permit withdrawal of exceptions to the ALJ’s proposed decision. more or view all topics or full text. | 37 | 26 | 06/28/12 |
| 2254H | Regents of the University of California (Santa Barbara) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Withdrawal of charge pursuant to global settlement agreement is in the best of interests of the parties and consistent with the purposes of HEERA. more or view all topics or full text. | 36 | 165 | 04/25/12 |
| 2255H | Regents of the University of California (Irvine) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Withdrawal of charge pursuant to global settlement agreement is in the best of interests of the parties and consistent with the purposes of HEERA. more or view all topics or full text. | 36 | 166 | 04/25/12 |
| 2230M | Rio Linda/Elverta Community Water District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board finds withdrawal of appeal and corresponding charge is in the best interests of the parties and consistent with the purposes of the MMBA. more or view all topics or full text. | 36 | 110 | 01/19/12 |
| 2197S | State of California (Department of Personnel Administration/Department of Corrections and Rehabilitation) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board retains the discretion to approve or disapprove a request to withdraw or dismiss a matter pending before the Board itself. more or view all topics or full text. | 36 | 33 | 08/22/11 |
| 2158M | City of Hughson 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board found it to be consistent with the purposes of the MMBA to grant the parties’ joint request to withdraw the appeal and the charge, and to vacate the proposed decision. more or view all topics or full text. | 35 | 28 | 01/25/11 |
| 2152S | State of California (Department of Personnel Administration) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated 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 |
| 2148M | Santa Clara Valley Water District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board may grant a request to withdraw an appeal when withdrawal is consistent with the governing statute and in the best interests of the parties. The Board granted the charging party’s request to withdraw its appeal of a partial dismissal because the parties had entered into a negotiated settlement that resolved the entire charge. more or view all topics or full text. | 35 | 11 | 12/13/10 |
| A380E | Grossmont-Cuyamaca Community College District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated 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 |
| 1981H | Regents of the University of California 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated On request from both parties that the appeal be withdrawn, the Board grants the request when consistent with the governing statute and in the best interests of the parties. The withdrawal is generally in the best interests of the parties when the parties have reached a mutually satisfactory resolution of the issues. more or view all topics or full text. | 32 | 154 | 10/17/08 |
| 2053M | Riverside Transit Agency 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board may grant a request to withdraw an appeal when withdrawal is consistent with the governing statute and in the best interests of the parties. The Board granted the parties’ request to withdraw the appeal of a partial dismissal because the parties had entered into a negotiated settlement that resolved the entire charge. more or view all topics or full text. | 33 | 135 | 07/23/09 |
| 2026E | Cottonwood Union Elementary School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted the Charging Party’s request to withdraw its exceptions to the ALJ’s proposed decision, while leaving the substance of the ALJ’s proposed decision and the decision itself in place. The Board concluded that it effectuates the purposes of EERA to permit withdrawal of the exceptions related to the appeal in this case. more or view all topics or full text. | 33 | 96 | 05/15/09 |
| 1999E | Kern Community College District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted the District’s request to withdraw the unfair practice charge and appeal where it alleged that CSEA violated EERA by refusing to bargain in good faith when it refused to sign a tentative agreement/memorandum of understanding, and subsequently engaged in bad faith acts including maintaining an untenable, unreasonable bargaining position; threatening to strike; engaging in disruptive activities; and attempting to bypass the District bargaining team and directly deal with the District’s Board of Trustees. The Board found that granting the request was in the best interests of the parties and consistent with EERA. more or view all topics or full text. | 33 | 32 | 01/20/09 |
| 1989M | County of San Diego 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board upheld charging party’s request to withdraw the unfair practice charge and his appeal of the partial dismissal where he alleged that the County of San Diego violated the Meyers-Milias-Brown Act when it retaliated against him by removing a report he prepared and posted on the Service Employees International Union, Local 535’s bulletin board, and issuing him a letter of warning. more or view all topics or full text. | 33 | 10 | 11/25/08 |
| 1992H | Trustees of the California State University 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The parties settled the matters covered in the proposed decision and requested that their respective exceptions and cross-exceptions be withdrawn, and the proposed decision vacated. The Board found the request to be in the best interests of the parties and consistent with the purposes of HEERA. more or view all topics or full text. | 33 | 20 | 12/11/08 |
| 1966H | American Federation of State, County and Municipal Employees, Local 3299 (Woolfolk) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted Woolfolk’s request to withdraw the unfair practice charge and appeal where he alleged that the American Federation of State, County and Municipal Employees, Local 3299 violated the Higher Education Employer-Employee Relations Act by providing him with inadequate representation during disciplinary proceedings. more or view all topics or full text. | 32 | 106 | 06/26/08 |
| 1887E | East Whittier City Elementary School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board allowed the parties to withdraw recognition of the East Whittier Administrators and Supervisors Association as the exclusive bargaining representatives for both the Classified Supervisory Unit and Certificated Supervisor Unit and the District’s exceptions to the proposed decision. The Board also vacated the proposed decision. more or view all topics or full text. | 31 | 81 | 02/27/07 |
| 1869H | Regents of the University of California (San Francisco) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated 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 HEERA. more or view all topics or full text. | 31 | 28 | 12/15/06 |
| 1875E | Hesperia Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated 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 |
| 1817Ha | University Professional and Technical Employees, Communications Workers of America Local 9119 (Nichols, et al) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Joint request of parties that decision be vacated is denied based on absence of unique circumstances. more or view all topics or full text. | 31 | 57 | 01/24/07 |
| 1818Ha | University Professional and Technical Employees, Communications Workers of America Local 9119 (Hawley, et al.) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Joint request of parties that decision be vacated is denied based on absence of unique circumstances. more or view all topics or full text. | 31 | 56 | 01/24/07 |
| 1819Ha | University Professional and Technical Employees, Communications Workers of America Local 9119 (Jiminez-Newby) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Joint request of parties that decision be vacated is denied based on absence of unique circumstances. more or view all topics or full text. | 31 | 53 | 01/24/07 |
| 1820Ha | University Professional and Technical Employees, Communications Workers of America Local 9119 (Yaron) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Joint request of parties that decision be vacated is denied based on absence of unique circumstances. more or view all topics or full text. | 31 | 54 | 01/24/07 |
| 1821Ha | University Professional and Technical Employees, Communications Workers of America Local 9119 (Ball) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Joint request of parties that decision be vacated is denied based on absence of unique circumstances. more or view all topics or full text. | 31 | 55 | 01/24/07 |
| 1879M | City of Lompoc 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated PERB may construe a letter to PERB informing PERB that the parties have entered into a settlement agreement and agreed to a withdrawal of the unfair practice charge, as a request to withdraw the unfair practice charge and the related appeal with prejudice. more or view all topics or full text. | 31 | 44 | 01/11/07 |
| 1809M | County of Madera 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated On request from both parties that appeal be withdrawn, the Board grants the request when consistent with the governing statute and in the best interests of the parties. The withdrawal is generally in the best interests of the parties when the parties have reached a mutually satisfactory resolution of the issues. more or view all topics or full text. | 30 | 56 | 01/18/06 |
| 1826S | State of California (Department of Corrections) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board vacates decision 1579-S and adopts regional attorney’s ruling in that case. more or view all topics or full text. | 30 | 82 | 03/03/06 |
| 1788H | Trustees of the California State University 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated On request from both parties that appeal be withdrawn, the Board grants the request when consistent with the governing statute and in the best interests of the parties. The withdrawal is in the best interests of the parties when the parties have reached a mutually satisfactory resolution of the issues. more or view all topics or full text. | 30 | 15 | 12/09/05 |
| 1789H | Trustees of the California State University 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted the joint request from APC and CSU to withdraw the appeal because the parties mutually agreed to resolve the charge and requested that the Board consider the matter closed. more or view all topics or full text. | 30 | 14 | 12/09/05 |
| 1785H | University Professional and Technical Employees (Trout, et al.) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated On request from parties that appeal be withdrawn Board grants request where consistent with the governing statute and in the best interests of the parties. more or view all topics or full text. | 30 | 10 | 12/08/05 |
| A350H | Trustees of the California State University 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Where dispute as to compliance is resolved by the parties Board finds it appropriate to grant withdrawal of exceptions filed related to compliance. ALJ proposed decision not effected. more or view all topics or full text. | 30 | 13 | 12/09/05 |
| 1767E | Vacaville Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Association’s request to withdraw its charge with prejudice was granted and the Board dismissed the appeal. more or view all topics or full text. | 29 | 131 | 05/26/05 |
| 1745E | Barstow Community College District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted CSEA’s request to withdraw the appeal of the partial dismissal of its unfair practice charge because the parties reached a settlement of the charge. Attached to the petition for withdrawal is a copy of the written settlement signed by representatives of both parties. more or view all topics or full text. | 29 | 69 | 01/28/05 |
| 1703M | County of San Joaquin 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted the County’s request to withdraw the unfair practice charge and appeal with prejudice, finding the withdrawal to be in the best interests of the parties and to be consistent with the purposes of the MMBA. Attached to the request was a notice that the parties had jointly agreed to a comprehensive settlement agreement more or view all topics or full text. | 29 | 6 | 11/05/04 |
| 1583S | California State Employees Association (Hard, et al.) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board found CSEA’s request to withdraw its exceptions to be in the best interest of the parties more or view all topics or full text. | 28 | 60 | 01/13/04 |
| 1684E | Yosemite Community College District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board granted charging party’s request to withdraw unfair practice charge as there is no indication that withdrawal is not in the best interests of the parties or is inconsistent with the purposes of EERA. more or view all topics or full text. | 28 | 247 | 09/07/04 |
| 1574S | State of California (California Highway Patrol) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Having recently issued decisions discussing the matters presented, the Board found charging party’s request to withdraw appeal to be in the best interests of the Dills Act and the parties. more or view all topics or full text. | 28 | 41 | 12/30/03 |
| 1514H | Trustees of the California State University 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated In response to a settlement, the Board granted the parties’ request to withdraw exceptions, dismiss complaint, and vacate proposed decision as being in the best interests of HEERA. more or view all topics or full text. | 27 | 43 | 04/02/03 |
| 1499E | Newark Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board granted request to withdraw appeal as being in the best interests of the parties and EERA. more or view all topics or full text. | 26 | 33123 | 09/09/02 |
| 1625M | McCloud Community Services District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board granted charging party’s request to withdraw unfair practice charge as there is no indication that withdrawal is not in the best interests of the parties or is inconsistent with the purposes of MMBA. more or view all topics or full text. | 28 | 148 | 04/29/04 |
| 1629E | Yucaipa-Calimesa Joint Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board granted charging party’s request to withdraw unfair practice charge as there is no indication that withdrawal is not in the best interests of the parties or is inconsistent with the purposes of EERA. more or view all topics or full text. | 28 | 151 | 05/14/04 |
| 1615H | Regents of the University of California (Lawrence Livermore National Laboratory) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated After review of record, Board granted charging party’s request to withdraw appeal with prejudice. more or view all topics or full text. | 28 | 127 | 04/05/04 |
| 1596H | Regents of the University of California 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board granted charging party’s request to withdraw unfair practice charge finding that request is in best interests of the parties and is consistent with the purposes of HEERA. more or view all topics or full text. | 28 | 76 | 02/09/04 |
| 1599H | Trustees of the California State University (San Luis Obispo) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board granted charging party’s request to withdraw unfair practice charge finding that request is in best interests of the parties and is consistent with the purposes of HEERA. more or view all topics or full text. | 28 | 84 | 02/19/04 |
| 1454E | Hayward Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board granted request to withdraw appeal of partial dismissal after parties reached a favorable settlement, having found that withdrawal is in the best interests of the parties and is consistent with the purposes of the Educational Employment Relations Act. more or view all topics or full text. | 25 | 32098 | 07/27/01 |
| 1436E | Orange Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Regulation 32320 gives the Board broadly worded authority to dispose of a case in any fashion it deems appropriate. Thus, the Board clearly has discretion to allow the withdrawal of a charge and complaint and to vacate the underlying proposed decision. A common sense approach is applied. Where it is clear that the parties have settled their dispute over the essential element of controversy that gave rise to the filing of the unfair practice charges, it effectuates the purposes of the EERA to grant the request to withdraw the charges and complaints and to vacate the proposed decision. more or view all topics or full text. | 25 | 32069 | 05/16/01 |
| 1437E | Orange Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Regulation 32320 gives the Board broadly worded authority to dispose of a case in any fashion it deems appropriate. Thus, the Board clearly has discretion to allow the withdrawal of a charge and complaint and to vacate the underlying proposed decision. A common sense approach is applied. Where it is clear that the parties have settled their dispute over the essential element of controversy that gave rise to the filing of the unfair practice charge, it would effectuate the purposes of the EERA to grant the request to withdraw the charge and complaint and to vacate the proposed decision. more or view all topics or full text. | 25 | 32070 | 05/16/01 |
| 1433E | Woodland Joint Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Regulation 32320 gives the Board broadly worded authority to dispose of a case in any fashion it deems appropriate. Thus, the Board clearly has discretion to allow the withdrawal of a charge and complaint and to vacate the underlying proposed decision. A common sense approach is applied. Where it is clear that the parties have settled their dispute over the essential element of controversy that gave rise to the filing of the unfair practice charge, instructional minutes, it would effectuate the purposes of the EERA to grant the request to withdraw the charge and complaint and to vacate the proposed decision. more or view all topics or full text. | 25 | 32063 | 05/04/01 |
| 1423H | Trustees of the California State University 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted Charging Party's request to withdraw its appeal from a partial dismissal of its unfair practice charge, finding it is in the best interests of the parties and is consistent with the purposes of EERA. more or view all topics or full text. | 25 | 32042 | 03/01/01 |
| 1396S | State of California (Department of General Services) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Having considered the request of Charging Party to withdraw the underlying unfair practice charge, the Board concurs that it is in the best interests of the parties and consistent with the purposes of the Dills Act to grant the withdrawal of the unfair practice charge and appeal. more or view all topics or full text. | 24 | 31125 | 07/12/00 |
| 1398E | Santa Monica Community College District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted the respondent's request to withdraw the exceptions, finding that it is in the best interests of the parties and is consistent with the purposes of EERA. more or view all topics or full text. | 24 | 31127 | 07/20/00 |
| A316M | City of Antioch 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board approves request to withdraw appeal of administrative determination that determinations made by city regarding decertification petition were rendered in accordance with MMBA and the local rules of the city where neither the city nor the union petitioning for decertification filed a response to the withdrawal request. more or view all topics or full text. | 26 | 33124 | 09/11/02 |
| A303E | Long Beach Community College District (California School Employees Association, Teamsters, American Federation of Teachers) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board concluded that it is in the best interests of the parties and consistent with the purposes of the EERA to grant the request withdrawing the appeal of an administrative determination and to order that the impounded ballots cast in the representation election be released. more or view all topics or full text. | 24 | 31086 | 04/28/00 |
| 1509M | Antelope Valley Health Care District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted the District’s request to withdraw the exceptions, finding that such withdrawal is appropriate and consistent with the purposes of the MMBA. When a party requests to withdraw its exceptions to an ALJ’s proposed decision, there is no prejudice to the opposing party in granting the request if the opposing party has filed a response to the exceptions indicating its agreement with the ALJ’s proposed decision and the opposing party has not opposed the request. more or view all topics or full text. | 27 | 28 | 02/05/03 |
| 1496S | State of California (Department of Corrections) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted the respondent’s request to withdraw the exceptions pursuant to a settlement agreement, finding that it is in the best interests of the parties and is consistent with the purposes of the Dills Act. more or view all topics or full text. | 26 | 33113 | 08/23/02 |
| A285H | Trustees of the California State University (California State Employees Association) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Charging Party's request to withdraw its appeal of an administrative determination was granted because it was in the best interests of the parties and consistent with the purposes of HEERA; p. 1. more or view all topics or full text. | 0 | 10/03/97 | |
| A236E | Morgan Hill Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board granted CSEA's request to withdraw with prejudice, its appeal of an administrative determination where Board finds it in the best interest of the parties and consistent with the EERA; p. 2. more or view all topics or full text. | 17 | 24018 | 12/03/92 |
| A225E | Livingston Union Elementary School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated As request to withdraw appeal was in the best interest of the parties and consistent with the purposes of EERA, Board ordered that appeal be withdrawn with prejudice. more or view all topics or full text. | 16 | 23006 | 12/09/91 |
| A223E | Strathmore Union High School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board grants Association's request to withdraw appeal of Regional Director decision to impound ballots cast in decertification election --no opposition by incumbent union or District it is in the best interest of the parties and consistent with the purposes of the EERA. more or view all topics or full text. | 15 | 22118 | 07/03/91 |
| A200E | San Francisco Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board allows parties to withdraw underlying unfair practice charge and exceptions to the proposed decision as both parties agree, and such withdrawal comports with the purposes of the Act; p. 2. more or view all topics or full text. | 14 | 21015 | 12/06/89 |
| A191Sa | State of California (Department of Personnel Administration) (California Union of Safety Employees and California State Peace Officers Association) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Request to withdraw request for reconsideration granted by PERB where it is found to be in the best interest of the parties and consistent with the purposes of the Act. more or view all topics or full text. | 14 | 21001 | 11/21/89 |
| A191Sb | State of California (Department of Personnel Administration) (California Union of Safety Employees and California State Peace Officers Association) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Request to withdraw request for judicial review granted by PERB where it is found to be in the best interest of the parties and consistent with the purposes of the Act. more or view all topics or full text. | 14 | 21002 | 11/21/89 |
| A198E | Butte Community College District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board granted District's request to withdraw, with prejudice, its exceptions to proposed decision; withdrawal pursuant to settlement agreement; p. 2. more or view all topics or full text. | 13 | 20226 | 11/01/89 |
| A178S | State of California (Department of Personnel Administration) (California Department of Forestry Employees Association) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board approves request to withdraw appeal of administrative determination; p. 1. more or view all topics or full text. | 13 | 20012 | 12/20/88 |
| A180E | Pasadena Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board approves request to withdraw appeal of administrative determiniation that decertification petition timely filed; pp. 1-2. more or view all topics or full text. | 13 | 20050 | 02/17/89 |
| A182E | Gridley Union High School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board dismisses respondent employer's exceptions to findings made by ALJ, where charging party had withdrawn its appeal of the dismissal; p. 2. more or view all topics or full text. | 05/16/89 | ||
| A184E | Eureka City School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board grants charging party's request to withdraw and dismiss charge where respondent employer who had filed exceptions to proposed decision has no objection; p. 1. more or view all topics or full text. | 13 | 20109 | 05/25/89 |
| A171E | Oakland Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board denied request to dismiss appeal because of significant legal issues and the fact that the representation rights of over 700 employees were at issue; p. 2. more or view all topics or full text. | 12 | 19117 | 06/29/88 |
| A171Ea | Oakland Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated As withdrawal was in the interest of the parties and consistent with the purposes of EERA, Board granted request that reconsideration request be withdrawn with prejudice; p. 2. more or view all topics or full text. | 12 | 19170 | 10/13/88 |
| A173E | Poway Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated As withdrawal of appeal and request for stay was in the interest of the parties and served the purposes of EERA, Board dismissed appeal and ordered the Director of Representation to proceed with the tally of ballots; p. 2. more or view all topics or full text. | 12 | 19129 | 07/18/88 |
| A175E | Shasta Union High School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated As withdrawal of appeal is in best interest of the parties and consistent with the purposes of EERA, Board granted request that appeal be withdrawn with prejudice; p. 2. more or view all topics or full text. | 11/30/88 | ||
| 1336E | Alum Rock Union Elementary School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Having considered the parties' request, the Board concurs that it is in the best interest of the parties and consistent with the EERA to grant the withdrawal of the appeal. more or view all topics or full text. | 23 | 30130 | 06/28/99 |
| 1272S | State of California (Department of Corrections) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted the parties' request, which follows a settlement agreement, to dismiss the unfair practice charge and complaint, finding that it is in the best interests of the parties and is consistent with the purposes of the Dills Act. more or view all topics or full text. | 22 | 29115 | 07/01/98 |
| 1273E | Strathmore Union Elementary School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted the parties' request, which follows a settlement agreement, to withdraw the unfair practice charge and complaint, finding that it is in the best interests of the parties and is consistent with the purposes of the EERA. more or view all topics or full text. | 22 | 29122 | 07/10/98 |
| 1195S | California State Employees Association, Service Employees International Union Local 1000 (Nylander-McGuire) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted the charging party's request to withdraw her appeal of an unfair practice charge dismissal, it was in the parties' best interest and consistent with the purposes of the Dills Act; p. 2. more or view all topics or full text. | 21 | 28089 | 04/30/97 |
| 1166E | Compton Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted the District's request, which follows a settlement agreement, to withdraw the unfair practice charge and appeal of dismissal, finding that it is in the best interests of the parties and is consistent with the purposes of EERA; p. 2. more or view all topics or full text. | 20 | 27134 | 08/29/96 |
| 1146E | State Center Community College District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted the charging party's request to withdraw with prejudice the unfair practice charge and appeal, finding that it is in the best interests of the parties and is consistent with the purposes of EERA; p. 2. more or view all topics or full text. | 20 | 27062 | 03/13/96 |
| 1143E | Santa Barbara Community College District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted the parties' joint request, which follows a settlement agreement, to withdraw exceptions and vacate the proposed decision, finding that it is in the best interests of the parties and is consistent with the purposes of EERA; p. 2. more or view all topics or full text. | 20 | 27057 | 02/29/96 |
| 1088E | Middletown Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted the parties' joint request, which follows a settlement agreement, to withdraw their respective exceptions, vacate the proposed decision and dismiss the unfair practice charge and complaint, finding that it is in the best interests of the parties and is consistent with the purposes of EERA; p. 2. more or view all topics or full text. | 19 | 26066 | 03/02/95 |
| 0904E | Strathmore Union High School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Request to withdraw appeal of partial dismissal, pursuant to a settlement agreement, granted. more or view all topics or full text. | 15 | 22156 | 09/24/91 |
| 0905E | Temple City Unified School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board grants Association's request to withdraw its appeal of a proposed decision. more or view all topics or full text. | 15 | 22157 | 09/24/91 |
| 0831E | ABC Unified School District (American Federation of State, County and Municipal Employees) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated 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) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated 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. more or view all topics or full text. | 15 | 22066 | 03/27/91 |
| 0824E | Vineland Elementary School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated As withdrawal is in best interest of parties and consistent with purposes of EERA, Board granted parties' request to withdraw, with prejudice, unfair practice charge, appeal and response to appeal; p. 2. more or view all topics or full text. | 14 | 21136 | 06/29/90 |
| 0775E | San Francisco Community College District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Request to withdraw appeal of partial dismissal, pursuant to a settlement agreement, granted. more or view all topics or full text. | 13 | 20215 | 10/03/89 |
| 0732S | State of California (Department of Corrections) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated A charging party may request the Board allow the appeal to be withdrawn; if it is in the best interest of the parties and is consistent with the Act, the Board will allow it; p. 1. more or view all topics or full text. | 13 | 20092 | 05/03/89 |
| 0724E | Antelope Valley Union High School District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board granted request to withdraw appeal of dismissal. more or view all topics or full text. | 13 | 20061 | 03/14/89 |
| 0633H | California State University 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Parties request to vacate proposed decision and dismiss case granted. more or view all topics or full text. | 11 | 18169 | 09/24/87 |
| 0634H | California State University 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Parties request to vacate proposed decision and dismiss case granted. more or view all topics or full text. | 11 | 18164 | 09/24/87 |
| 0635H | California State University 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Parties request to vacate proposed decision and dismiss case granted. more or view all topics or full text. | 11 | 18165 | 09/24/87 |
| 0621H | California State University * * * VACATED by California State University (1987) PERB Decision No. 621a-H 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Joint request of parties that decision be vacated is granted--see Decision No. 621a-H. more or view all topics or full text. | 11 | 18101 | 05/29/87 |
| 0621Ha | California State University 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Joint request to vacate No. 621 - in the interest to the parties and consistent with the purposes of the Act. more or view all topics or full text. | 11 | 18166 | 09/24/87 |
| A357E | Victor Valley Community College District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted the Victor Valley College Association’s request to withdraw its unfair practice charge and vacate the decision issued by the Administrative Law Judge because the parties settled their disputes. more or view all topics or full text. | 31 | 9 | 11/08/06 |
| 1209E | Grossmont-Cuyamaca Community College District 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated The Board granted the charging party's request to withdraw its appeal of an unfair practice charge dismissal because it was in the parties best interests and consistent with the purposes of the Dills Act; p. 2. more or view all topics or full text. | 21 | 28119 | 06/23/97 |
| 0233Ea | Office of the Santa Clara County Superintendent of Schools 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Board vacates Office of the Santa Clara County Superintendent of Schools (1982) PERB Decision No. 233 at parties' request; Board's policy is to favor voluntary settlement of disputes and voluntary withdrawal of unfair practice charge not repugnant to EERA. more or view all topics or full text. | 6 | 13245 | 10/26/82 |
| 0997E | Washington Teachers Association (McFarland) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated Request to withdraw appeal of partial dismissal, pursuant to a settlement agreement, granted; p. 1. more or view all topics or full text. | 17 | 24104 | 05/19/93 |
| 0929S | State of California (Department of Personnel Administration) (Union of American Physicians and Dentists) 1107.15000: CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD; Withdrawal of Appeal; Request that Decision be Vacated As withdrawal is in the best interest of the parties and is consistent with the purposes of the Ralph C. Dills Act, the Board granted requests to withdraw exceptions and cross-exception to the proposed decision. more or view all topics or full text. | 16 | 23067 | 05/06/92 |