Decision 2195H – Trustees of the California State University (San Marcos)
Decision Date: August 12, 2011
Decision Type: PERB Decision
Description: The charge and complaint alleged that CSU San Marcos retaliated against an employee for engaging in protected activity.
Disposition: The Board dismissed the complaint based upon the parties’ settlement agreement entered into prior to the hearing before the ALJ in which charging party agreed to withdraw the charge with prejudice.
Perc Vol: 36
Perc Index: 29
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)
PERB has authority to dismiss complaint based upon parties’ settlement agreement reached prior to hearing before administrative law judge. The prohibition against enforcing agreements set forth in HEERA section 3563.2(b) does not apply where no party has requested that PERB issue a complaint based upon an alleged breach of a settlement agreement, nor is any party asking PERB to enforce the substantive terms of a settlement agreement by providing relief external to PERB’s own procedures. Honoring the parties’ agreement validates the Board’s settlement process, is consistent with PERB’s mission to promote harmonious labor relations and is within PERB’s authority pursuant to Regulation 32320(a).
1100.06000 – 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.