Decision 2497M – City of Fremont


Decision Date: July 26, 2016

Decision Type: PERB Decision

Description:  The ALJ dismissed a complaint alleging that the City: (1) improperly processed a decertification petition; (2) refused to utilize a third-party neutral to conduct the decertification election; (3) improperly provided legal advice to the decertification petitioner; (4) failed to recognize the charging party as the exclusive representative; and (5) demonstrated a preference for a competing employee organization.  Both parties filed exceptions.

Disposition:  After exceptions were filed, the parties settled their dispute and requested withdrawal.  The Board granted the request and dismissed the unfair practice complaint and underlying charge with prejudice.

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Perc Vol: 41
Perc Index: 39

Decision Headnotes

1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated

Joint request to withdraw the matter was in the best interests of the parties and consistent with the purposes of the MMBA; with withdrawal of the complaint, exceptions and cross exceptions, proposed decision was vacated and the complaint and underlying unfair practice charge were dismissed with prejudice.