Decision 2515M – City of San Luis Obispo
LA-CE-729-M
Decision Date: February 13, 2017
Decision Type: PERB Decision
Description: The City filed exceptions to a proposed decision, which found violations of the MMBA and PERB Regulations for submitting to voters a ballot measure to repeal the interest arbitration procedures found in the City Charter without first meeting and consulting in good faith with the exclusive representative of the City’s police department employees. While the matter was pending before the Board, the City and the Union reached a settlement agreement that would implement an advisory factfinding process, similar to that found in the MMBA, in place of the former interest arbitration procedure for unresolved bargaining disputes. The parties requested that the City’s exceptions be withdrawn and the matter dismissed pursuant to the terms of the settlement agreement.
Disposition: Consistent with the MMBA’s purpose of promoting harmonious labor relations, the Board granted the parties’ request to withdraw the City’s exceptions and to dismiss the complaint and unfair practice charge.
Perc Vol: 41
Perc Index: 134
Decision Headnotes
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under its broad powers to “investigate unfair practice charges or alleged violations of [the MMBA], the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. When an appeal pending before the Board involves a matter of continuing public interest and a precedential ruling on the matter will be instructive to similarly-situated parties, the Board has exercised its discretion by denying a request for withdrawal, in the interest of justice. After carefully reviewing the settlement agreement in this case, the Board found the parties’ requests for withdrawal and dismissal to be in the best interest of the parties and consistent with the purposes of the MMBA to promote harmonious labor relations.
1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated
Under its broad powers to “investigate unfair practice charges or alleged violations of [the MMBA], the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. When an appeal pending before the Board involves a matter of continuing public interest and a precedential ruling on the matter will be instructive to similarly-situated parties, the Board has exercised its discretion by denying a request for withdrawal, in the interest of justice. After carefully reviewing the settlement agreement in this case, the Board found the parties’ requests for withdrawal and dismissal to be in the best interest of the parties and consistent with the purposes of the MMBA to promote harmonious labor relations.
1202.02000 – Agreement Between. the Parties
Under its broad powers to “investigate unfair practice charges or alleged violations of [the MMBA], the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. When an appeal pending before the Board involves a matter of continuing public interest and a precedential ruling on the matter will be instructive to similarly-situated parties, the Board has exercised its discretion by denying a request for withdrawal, in the interest of justice. After carefully reviewing the settlement agreement in this case, the Board found the parties’ requests for withdrawal and dismissal to be in the best interest of the parties and consistent with the purposes of the MMBA to promote harmonious labor relations.