Regents of the University of California (Los Angeles) (PERB 2257H)

ST ATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
COALITION OF UNIVERSITY EMPLOYEES,
LOCAL 4,
Charging Party,
V.
REGENTS OF THE UNIVERSITY OF
CALIFORNIA (LOS ANGELES),
Respondent.
Case No. LA-CE-1069-H
PERB Decision No. 2257-H
April 25, 2012
Appearances: Beeson, Tayer & Bodine by Jason Rabinowitz, Attorney, for Coalition
of
University Employees, Local 4; Burke, Williams & Sorensen by Ellen J. Shadur, Attorney, for
Regents
of
the University
of
California (Los Angeles).
Before Martinez, Chair; Dowdin Calvillo and Huguenin, Members.
DECISION
MARTINEZ, Chair: This case is before the Public Employment Relations Board
(PERB or Board) on exceptions filed by the Coalition
of
University Employees (CUE) and
cross-exceptions filed by the Regents
of
the University
of
California (Los Angeles) (UCLA) to
a proposed decision
of
an administrative law judge (ALJ). The complaint, and underlying
unfair practice charge, alleged that UCLA violated the Higher Education Employer-Employee
Relations Act (HEERA) 1 by unilaterally changing job descriptions and performance standards
of
certain employees without having afforded CUE prior notice and opportunity to meet and
confer 	good faith over the decision to implement the changes and/or the effects
of
the
changes on the employees. After a formal hearing, on February 28, 2011, the 	issued a
proposed decision finding that UCLA did not commit an unlawful unilateral change and
dismissing the complaint and underlying unfair practice charge. Both CUE and UCLA filed
1 HEERA is codified at Government Code section 3560 et seq.

exceptions to the ALJ's proposed decision.2 By letter dated April 3, 2012, CUE notified the
Board that it wished to withdraw the unfair practice charge in this matter with prejudice
pursuant to a global settlement agreement between the parties.
The Board has discretion to grant or deny requests to withdraw and dismiss cases
pending before the Board itself. (PERB Reg. 32320, subd. (a)(2) ["The Board itself may ...
take such other action as it considers proper."]; State of California (Department of Personnel
Administration (2010) PERB Decision No. 2152-S; Grossmont-Cuyamaca Community College
District (2009) PERB Order No. Ad-380; Oakland Unified School District (1988) PERB Order
No. Ad-171; ABC Unified School District (1991) PERB Decision No. 831b.)
Based on our review of CUE's letter and the entire record in this matter, the Board
finds withdrawal of the unfair practice charge to be in the best interests of the parties and
consistent with the purposes of HEERA. Accordingly, the Board grants CUE's request to
withdraw the charge with prejudice.
ORDER
The request by the Coalition of University Employees to withdraw the unfair practice
charge with prejudice in Case No. LA-CE-1069-H is hereby GRANTED.
Members Dowdin Calvillo and Huguenin joined in this Decision.
2 PERB Regulation 32305 provides: "Unless a party files a timely statement of
exceptions to the proposed decision, the decision shall become final on the date specified
therein." (PERB regs. are codified at Cal. Code Regs., tit. 8, sec. 31001, et seq.)
2