Decision 1436E – Orange Unified School District
LA-CO-805-E; LA-CO-806-E
Decision Date: May 16, 2001
Decision Type: PERB Decision
Description: The Board granted a post-settlement request to withdraw the unfair practice charges and complaints and to vacate the proposed decision.
Disposition: Unfair practice charges and complaints withdrawn and proposed decision vacated. The Board exercised its discretion to dispose of a case in any fashion it deems appropriate; here, 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.
Perc Vol: 25
Perc Index: 32069
Decision Headnotes
1107.15000 – 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.