Decision 2026E – Cottonwood Union Elementary School District
SA-CE-2399-E
Decision Date: May 15, 2009
Decision Type: PERB Decision
Description: Charging Party requested to withdraw the exceptions to the proposed decision of an ALJ where the charge alleged that the District violated EERA by: (1) failing to bargain in good faith and making a unilateral change by reneging on implementation of a negotiated salary formula; (2) repudiating the negotiated grievance procedure in refusing to process a grievance; and (3) failing to bargain in good faith and bypassing the exclusive representative by sending a grievance response to all bargaining unit employees.
Disposition: The Board granted the withdrawal because it effectuated the purposes of EERA.
Perc Vol: 33
Perc Index: 96
Decision Headnotes
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
It effectuates the purposes of EERA to permit withdrawal of exceptions related to the appeal of the ALJ’s proposed decision.
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
It effectuates the purposes of EERA to permit withdrawal of exceptions related to the appeal of the ALJ’s proposed decision.
1107.15000 – 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.