Decision 2700M – County of Riverside

LA-CE-1238-M

Decision Date: March 12, 2020

Decision Type: PERB Decision

Description: Employer excepted and union cross-excepted to the proposed decision of an ALJ finding that the employer’s communications to employees regarding a strike violated the Meyers-Milias-Brown Act and PERB Regulations. While the matter was pending before the Board, the parties notified PERB that they had reached a successor memorandum of understanding and had settled the matter along with a number of other pending unfair practice charges.  Based on these commitments, the parties requested to withdraw the underlying unfair practice charge with prejudice, dismiss the corresponding complaint, and close the administrative case.

 

Disposition: The Board granted the joint request to withdraw the unfair practice charge, dismissed with prejudice the complaint and underlying unfair practice charge, and vacated the proposed decision.

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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

The Board has discretion to grant or deny requests to withdraw and dismiss cases pending before the Board itself. While the Board has on occasion denied a request to withdraw an unfair practice charge, e.g., in order to avoid infringing on statutory rights, no such circumstances appeared to be present here. Rather, the Board found withdrawal of the parties’ exceptions and cross-exceptions and request for dismissal of the complaint and underlying unfair practice charge pursuant to a settlement agreement between the parties to be consistent with the Meyers-Milias-Brown Act’s (MMBA) purpose of promoting harmonious labor relations. Moreover, none of the settlement’s terms required employees to release future rights, such as the right to file PERB charges, or otherwise offended the policies and purposes of the MMBA. (pp. 2-3.)