Decision 2395E – San Mateo County Community College District


Decision Date: October 22, 2014

Decision Type: PERB Decision

Description:  The complaint alleged that respondent violated EERA when it issued charging party a notice of intent to discipline/demote and denied her appeal of a written reprimand because of her exercise of protected rights.

Disposition: The ALJ concluded that charging party failed to prove retaliation and dismissed the complaint and underlying charge.

While the matter was on appeal to the Board, parties reached a settlement of their dispute.  The Board granted charging party’s request to withdraw her exceptions and, by operation of law, the proposed decision became final.

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Perc Vol: 39
Perc Index: 58

Decision Headnotes

1107.15000 – 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.