Decision 2655M – Rosamond Community Services District

LA-CE-1176-M

Decision Date: July 10, 2019

Decision Type: PERB Decision

Description:  An administrative law judge issued a proposed decision finding that a special district violated MMBA sections 3503, 3505 3506, and 3506.5, subdivision (c), by changing employees’ schedules without meeting and conferring over the decision and negotiable effects of that decision with the employees’ exclusive representative.   District excepted to the proposed decision.

 Disposition:  While exceptions were pending before the Board, parties jointly notified the Board that they had settled the instant dispute.  The District requested that it be permitted to withdraw its exceptions, and the parties jointly requested that no further action be taken in the case.  Board found withdrawal of District’s exceptions and joint request that no further action be taken in the case pursuant to a settlement agreement between the parties to be consistent with the MMBA’s purpose of promoting harmonious labor relations, and granted request.

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Decision Headnotes

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

As part of the Board’s authority to take any action in a pending case that the Board deems necessary to discharge its duties and effectuate the purposes of the labor relations laws that PERB enforces, the Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. (EERA, § 3541.3, subds. (i) and (n); MMBA, § 3509, subd. (a); City of Santa Rosa (Fire Department) (2019) PERB Decision No. 2653-M, p. 2.) Board found withdrawal of the District’s exceptions and parties’ joint request that no further action be taken in the case pursuant to a settlement agreement between the parties to be consistent with the MMBA’s purpose of promoting harmonious labor relations and granted requests. Matter closed and compliance deemed complete.