Decision 2430M – County of Kern
Decision Date: June 10, 2015
Decision Type: PERB Decision
Description: A proposed decision concluded that the County had violated its duty to bargain by unilaterally subcontracting the work of maintenance and groundskeeping employees exclusively represented by the charging party, and by failing to provide timely and complete responses to requests for information about its subcontracting agreements. However, the proposed decision dismissed an allegation that the County had unlawfully entered into subcontracting agreements. The charging party filed exceptions with the Board but then requested leave to withdraw its exceptions after reaching a settlement agreement.
Disposition: The Board determined voluntary settlement of the dispute was consistent with the MMBA’s purpose of promoting harmonious labor relations and granted the charging party’s request to withdraw its exceptions.
Perc Vol: 39
Perc Index: 180
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
The Board granted with prejudice a charging party’s request to withdraw their exceptions to the ALJ’s proposed decision and that the proposed decision be made final and binding only to the parties in this dispute. MMBA section 3509, subd. (a), gives the Board broad discretion to grant or deny requests to withdraw exceptions and dismiss cases pending before the Board itself. Pursuant to the statutory purpose of promoting harmonious labor relations through the voluntary resolution of disputes, the Board will generally permit parties to withdraw exceptions pending before the Board pursuant to a voluntary settlement agreement resolving the issues in dispute.