Decision 2681M – County of Contra Costa
Decision Date: November 6, 2019
Decision Type: PERB Decision
Description: County of Contra Costa (County) excepted and Physicians & Dentists Organization of Contra Costa (PDOCC) cross-excepted to a proposed decision finding that the County refused to negotiate with PDOCC over the effects of its decision to increase patient rosters. As a remedy, the ALJ awarded a set amount of compensatory time off for each affected physician for those weeks he or she actually worked since the date the new patient rosters went into effect. While the exceptions and cross-exceptions were pending before the Board, the parties settled their dispute and subsequently submitted a joint request to the Board asking to withdraw the unfair practice charge and each party’s exceptions to the proposed decision.
Disposition: The Board granted the joint request by the parties to withdraw the unfair practice charge, exceptions, and cross-exceptions to the proposed decision. The Board further directed the matter as closed and that no further action be taken in the case.
Perc Vol: 44
Perc Index: 87
1100.06000 – Withdrawal of Charge
As part of the Board’s authority to take any action in a pending case that it 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 or dismiss exceptions, appeals, and cases pending before the Board, as well as to vacate or otherwise withdraw administrative determinations and other decisions or orders issued at any level of PERB. Here, after reviewing the parties’ settlement agreement, the Board found the joint request for withdrawal to be consistent with the Meyers-Milias-Brown Act’s purpose of promoting harmonious labor relations and therefore granted the withdrawal. (pp. 2-3.)