Decision 2564M – County of San Joaquin
SA-CE-823-M
Decision Date: May 31, 2018
Decision Type: PERB Decision
Description: While Charging Party’s exceptions to a proposed decision were pending before the Board, the parties to the dispute reached a settlement agreement and asked the Board to withdrawal the exceptions and dismiss the complaint and underlying unfair practice charge.
Disposition: Under its broad powers to investigate unfair practice charges or alleged violations of the MMBA, 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.
Perc Vol: 42
Perc Index: 156
Decision Headnotes
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. 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. 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.
1107.01000 – 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. 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.