Decision 2352M – County of Fresno


Decision Date: January 29, 2014

Decision Type: PERB Decision

Description: The complaint alleged that the County of Fresno violated the MMBA by failing and refusing to meet and confer in good faith over a change in policy concerning mandatory employee furloughs and repudiating provisions in the parties’ memorandum of understanding.

Disposition: The ALJ issued a proposed decision concluding that the charging party failed to prove its case. Following the filing of exceptions, the charging party requested the proposed decision be vacated and the unfair practice be dismissed without prejudice.  The County of Fresno objected to the aspect of the request that the dismissal be without prejudice.  The Board vacated the proposed decision and dismissed the complaint and underlying charge with prejudice.

View Full Text (PDF)

Perc Vol: 38
Perc Index: 124

Decision Headnotes

1107.15000 – 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.