Decision 2696H – Regents of the University of California (Berkeley)


Decision Date: February 18, 2020

Decision Type: PERB Decision

Description:  The American Federation of State, County and Municipal Employees Local 3299 (AFSCME) filed a charge alleging that the Regents of the University of California (University) violated the Higher Education Employer-Employee Relations Act (HEERA) by unilaterally repudiating provisions of the parties’ collective bargaining agreement concerning contracting out, and unilaterally changing policy by subcontracting bargaining unit work.  While exceptions to the proposed decision of an Administrative Law Judge were pending, the parties reached agreement on a successor MOU.  Pursuant to this agreement, AFSCME requested to withdraw the charge, and AFSCME and the University jointly requested to vacate the proposed decision.  The Board assessed whether withdrawal of the charge and exceptions and vacating the decision were consistent with the purposes of HEERA.


Disposition:  The Board granted the request by AFSCME to withdraw its unfair practice charge with prejudice, and to withdraw its exceptions.  The Board likewise granted the joint request by AFSCME and the University to vacate the underlying proposed decision.

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Perc Vol: 44
Perc Index: 138

Decision Headnotes

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. (HEERA, § 3563, subds. (h), (m); State of California (Department of Personnel Administration) (2010) PERB Decision No. 2152- S, p. 5.) The Board found that withdrawing AFSCME’s unfair practice charge with prejudice, withdrawing the exceptions, and vacating the proposed decision were 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.