Decision 2569M – City of San Jose (International Federation of Professional and Technical Employees)

SF-CE-996-M

Decision Date: June 14, 2018

Decision Type: PERB Decision

Description: An administrative law judge found that the employer failed to bargain in good faith before placing a charter amendment on the ballot that would change the employer’s pension system.  After the employer filed exceptions, the case was placed in abeyance pending settlement discussions.  The parties did not respond to a letter from PERB’s General Counsel stating his understanding that the matter had been resolved and the exceptions would be deemed withdrawn.

Disposition: The Board deemed the exceptions withdrawn and dismissed the complaint and underlying unfair practice charge with prejudice.

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Perc Vol: 43
Perc Index: 4

Decision Headnotes

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

Where parties requested to place case in abeyance after exceptions were filed, and did not respond to letter from PERB’s General Counsel stating his understanding that the matter had been resolved, the Board deemed the exceptions withdrawn and dismissed the complaint and underlying unfair practice charge with prejudice.