Decision 2413M – Turlock Irrigation District

SA-CE-767-M

Decision Date: February 25, 2015

Decision Type: PERB Decision

Description:  The complaint alleged that the District unilaterally terminated a past practice of compensating employees who were mistakenly denied overtime assignments when they were skipped over on the overtime call-out list.

Disposition:  The ALJ dismissed the complaint, having determined that there was no past practice regarding payment for missed overtime assignments.  Following the filing of exceptions, the Board granted the charging party’s request to withdraw its exceptions and dismiss the charge with prejudice.  The proposed decision was therefore vacated.

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Perc Vol: 39
Perc Index: 105

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.06000 – Withdrawal of Charge

The Board has the discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. (PERB Reg. 32320(a)(2).) Here, neither of the parties objects to the disposition described above. The Board has a longstanding policy favoring voluntary settlement of disputes. Based on the Board’s review of IBEW’s request, and the entire record in this matter, the Board finds the request to be in the best interest of the parties and consistent with the purposes of the MMBA to promote harmonious labor relations.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated

The Board has the discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. (PERB Reg. 32320(a)(2).) Here, neither of the parties objects to the disposition described above. The Board has a longstanding policy favoring voluntary settlement of disputes. Based on the Board’s review of IBEW’s request, and the entire record in this matter, the Board finds the request to be in the best interest of the parties and consistent with the purposes of the MMBA to promote harmonious labor relations.