Decision A329M – County of Riverside


Decision Date: November 25, 2003

Decision Type: Administrative Appeal

Description: SEIU stated that it was withdrawing without prejudice its unfair practice charge without justification.

Disposition: The Board found that the withdrawal was not in the parties’ best interests or consistent with MMBA because (1) SEIU did not justify its withdrawal, and (2) SEIU had received a favorable decision from the ALJ, the County had appealed the decision, and therefore SEIU could not simply extinguish the case.

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Perc Vol: 28
Perc Index: 20

Decision Headnotes

1100.06000 – Withdrawal of Charge

Board finds that charge will not be dismissed without prejudice if to do so would not assist in establishing uniform and orderly methods of communication between employees and public agencies by which they are employed or if it does not promote full communication between public employers and employees. This would ensure that the decisions remain consistent with the purpose of the MMBA. Board will not allow withdrawal where no justification provided. The charging party won the case before the ALJ, and the withdrawal would not result in a final resolution of the dispute.