Decision 2412M – City of Milpitas
Decision Date: February 19, 2015
Decision Type: PERB Decision
Description: The ALJ concluded that the employer had a duty under the MMBA to meet and confer, that the employer failed to provide reasonable notice of its decision to outsource bargaining unit work, but that both by agreement and by inaction, the union had waived the right to meet and confer, and dismissed the complaint.
Disposition: The charging party filed exceptions, after which the parties negotiated a resolution of their dispute and tendered jointly a request to dismiss with prejudice the complaint. The Board deemed withdrawal of the unfair practice charge and dismissal of PERB complaint to be consistent with the purposes of MMBA and granted the parties’ request.
Perc Vol: 39
Perc Index: 99
100.01000 – In General
The Board has a longstanding policy favoring the voluntary settlement of disputes.
1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated
Under PERB Regulation 32320(a)(2), the Board has the discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself.