Decision 2412M – City of Milpitas

SF-CE-956-M

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.

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Perc Vol: 39
Perc Index: 99

Decision Headnotes

100.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA
100.01000 – In General

The Board has a longstanding policy favoring the voluntary settlement of disputes.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.