Decision 2436M – County of Fresno

SA-CE-776-M

Decision Date: June 22, 2015

Decision Type: PERB Decision

Description:  The ALJ concluded that the employer engaged in surface bargaining and as well in per se bad faith bargaining, in violation of its duty under the MMBA and PERB regulations to meet and confer in good faith with charging party.

Disposition:  The employer filed exceptions after which the parties negotiated a resolution to 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 the PERB complaint to be consistent with the purposes of MMBA and granted the parties’ request.

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Perc Vol: 40
Perc Index: 12

Decision Headnotes

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

PERB Regulation 32320, subdivision (a)(2) grants the Board discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. The Board has a longstanding policy favoring the voluntary settlement of disputes.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

PERB Regulation 32320, subdivision (a)(2) grants the Board discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself.