Decision A474E – Sonoma County Junior College District

SF-UM-790-E

Decision Date: August 12, 2019

Decision Type: Administrative Appeal

Description: PERB’s Office of General Counsel (OGC) issued an administrative determination dismissing union’s unit modification petition relating to the classified bargaining unit at Junior College District. Union appealed administrative determination.

Disposition: While union’s appeal was pending before the Board, Board informed that parties had settled their dispute. Union filed written request with the Board asking to withdraw its appeal and the underlying unit modification petition, and to vacate administrative determination. District notified Board that it did not oppose union’s request. Board found unopposed request to be consistent with EERA’s purpose of promoting harmonious labor relations, and granted request. Matter closed and compliance deemed complete.

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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, as well as to vacate or otherwise withdraw administrative determinations and other decisions or orders issued at any level of PERB. (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 union’s unopposed request to withdraw its appeal and the underlying unit modification petition, and to vacate administrative determination pursuant to a settlement agreement between the parties, to be consistent with EERA’s purpose of promoting harmonious labor relations. Matter closed and compliance deemed complete.