Fresno Irrigation District (PERB 1565MA)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
FRESNO IRRIGATION DISTRICT EMPLOYEES
ASSOCIATION,
Charging Party,
V.
FRESNO IRRIGATION DISTRICT,
Respondent.
Case No. SA-CE-29-M
Remand from Court
PERB Decision No. 1565a-M
December
	21,
	2004
Before Duncan, Chairman; Whitehead and Neima, Members.
DECISION
DUNCAN, Chairman: The Public Employment Relations Board (PERB or Board)
issued its Fresno Irrigation District (2003) PERB Decision No. 1565-M (Fresno), on
December 16, 2003, finding that the Fresno Irrigation District (District) violated Rule 23
of
Employer-Employee Relations Policies, California Code
of
Regulations, title 8, section 32603,
and the Meyers-Milias-Brown Act (MMBA)1 when it denied the District Employees
Association the use
of
District facilities for a meeting in October 2001, failed to meet
and
confer in good faith over the change in policy regarding the use
of
District facilities for
meetings, and discriminated against the employees for the exercise
of
protected rights.
The District petitioned for review
of
Fresno to the California Court
of
Appeal,
Fifth District. The Court
of
Appeal directed PERB to vacate its December 16, 2003, Fresno
decision and issue a new decision dismissing the complaint and the underlying unfair practice
charge. Pursuant to the Court of Appeal decision of September 15, 2004, the Board vacates its
1The MMBA is codified at Government Code section 3500, et seq.

prior decision (Fresno) and issues this decision dismissing the complaint and unfair practice
charge.
ORDER
Fresno Irrigation District (2003) PERB Decision No. 1565-M is hereby VA CA TED and
the unfair practice charge in Case No. SA-CE-29-M is hereby DISMISSED WITHOUT
LEA VE TO AMEND.
Members Whitehead and Neima joined in this Decision.
2