Decision 2526H – Regents of the University of California (Los Angeles)
LA-CE-1215-H
Decision Date: May 18, 2017
Decision Type: PERB Decision
Description: The charging party, a successor union, excepted to a proposed decision which dismissed the complaint and unfair practice charge. The complaint alleged that the higher education employer had unilaterally changed the terms of a negotiated “me too” policy and denied skilled trades employees a collectively-bargained salary increase for retaliatory reasons. While the matter was pending before the Board, the parties reached a settlement agreement and requested that the exceptions be withdrawn.
Disposition: Consistent with the purposes of HEERA to promote harmonious and cooperative labor relations between the State’s public institutions of higher education and their employees, the Board granted the parties’ request to withdraw the charging party’s exceptions and to dismiss the complaint and unfair practice charge, consistent with the terms of their settlement agreement.
Perc Vol: 41
Perc Index: 176
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 [HEERA], 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 withdrawal and dismissal to be in the best interest of the parties and consistent with the purposes of HEERA.
1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated
Under its broad powers to “investigate unfair practice charges or alleged violations of [HEERA], 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 withdrawal and dismissal to be in the best interest of the parties and consistent with the purposes of HEERA.
1202.02000 – Agreement Between. the Parties
Under its broad powers to “investigate unfair practice charges or alleged violations of [HEERA], 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 withdrawal and dismissal to be in the best interest of the parties and consistent with the purposes of HEERA.