Trustees of the California State University (Sacramento) (PERB 2293H)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
R
CALIFORNIA STATE UNIVERSITY
EMPLOYEES UNION,
Charging Party,
V.
TRUSTEES OF THE CALIFORNIA STATE
UNIVERSITY (SACRAMENTO),
Respondent.
Case No. SA-CE-284-H
PERB Decision No. 2293-H
November 29, 2012
Appearances: Thomas Dimitre, Labor Representative, for California State University
Employees Union; Jill C. Peterson, University Counsel, for Trustees of the California State
University (Sacramento).
Before Martinez, Chair; Dowdin Calvillo and Huguenin, Members.
DECISION
HUGUENIN, Member: This case is before the Public Employment Relations Board
(PERB or Board) on appeal by California State University Employees Union (CSUEU) from
the PERB Office of the General Counsel's dismissal of its unfair practice charge. The charge
alleged that the Trustees of the California State University (Sacramento) (CSU) violated the
Higher Education Employer-Employee Relations Act (HEERA) 1 by interfering with
Kim Harrington's exercise of rights guaranteed by HEERA. The charge alleged that this
conduct violated HEERA section 357l(a) and (b). The Board agent determined that the charge
failed to state a prima facie case and dismissed the charge. By letter dated October 16, 2012,
served on CSU, CSUEU notified 	Board that it wished to withdraw its appeal.
1 HEERA is codified at Government Code section 3560 et seq.

The Board has discretion to grant or deny requests to withdraw and dismiss cases
pending before the Board itself. (PERB Reg. 32320(a)(2),2 states in part: "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.) Withdrawal
of
the appeal is in the best interests
of
the parties and consistent with
the purposes
of
HEERA. Accordingly, the Board grants CSUEU's request to withdraw its
appeal.
ORDER
The request by California State University Employees Union to withdraw its appeal in
Case No. SA-CE-284-H is hereby GRANTED.
Chair Martinez and Member Dowdin Calvillo joined in this Decision.
2 PERB Regulations are codified at California Code of Regulations, title 8,
section 31001 et seq.
2