Coast Community College District (PERB 2330E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
COAST COMMUNITY COLLEGE
ASSOCIATION,
Charging Party,
v.
COAST COMMUNITY COLLEGE DISTRICT,
Res ondent.
Case No. LA-CE-5436-E
PERB Decision No.
	2330
October 	9,
	2013
Appearances: California Teachers
Association-Legal
Services Department by Michael D.
Hersh, Staff Counsel, for Coast Community College Association; Lynberg & Watkins by
Courtney L. Hylton, Attorney, for Coast Community College District.
Before Martinez, Chair; Huguenin and Banlcs, Members.
DECISION
MARTINEZ, Chair: This case is before the Public Employment Relations Board
(PERB or Board) on exceptions filed by the Coast Community College District (District) to the
proposed decision
of
a PERB administrative law judge (ALJ). The complaint, and underlying
charge, ·alleged that the District violated section 3543.5, subdivisions (a) and (b)
of
the
Educational Employment Relations Act (EERA)1 when it retaliated against an employee,
Kimberly Eaton, for engaging in protected activities. The two retaliatory acts alleged to have
occurred were the District's issuance
of
a negative performance evaluation and refusal to
remove it from the employee's personnel file; and the District's denial
of
a class assignment
for the spring 2010 semester.
PERB held a formal hearing on September 27, 2012. With the receipt
of
the parties'
post-hearing briefs on December 14, 2012, the case was submitted for decision. The ALJ
1 EERA is codified at Government Code section 3540 et seq.
COAST COMMUNITY COLLEGE
ASSOCIATION,
Charging Party, 	Case No. LA-CE-5436-E
V .
COAST COMMUNITY COLLEGE DISTRICT,
PERB Decision No. 2330
October 9, 2013
Respondent.
Appearances: California Teachers Association - Legal Services Department by Michael D.
Hersh, Staff Counsel, for Coast Community College Association; Lynberg & Watkins by
Courtney L. Hylton, Attorney, for Coast Community College District.
Before Martinez, Chair; Huguenin and Banks, Members.
DECISION
MARTINEZ, Chair: This case is before the Public Employment Relations Board
(PERB or Board) on exceptions filed by the Coast Community College District (District) to the
proposed decision of a PERB administrative law judge (ALJ). The complaint, and underlying
charge, alleged that the District violated section 3543.5, subdivisions (a) and (b) of the
Educational Employment Relations Act (EERA)' when it retaliated against an employee,
Kimberly Eaton, for engaging in protected activities. The two retaliatory acts alleged to have
occurred were the District's issuance of a negative performance evaluation and refusal to
remove it from the employee's personnel file; and the District's denial of a class assignment
for the spring 2010 semester.
PERB held a formal hearing on September 27, 2012. With the receipt of the parties'
post-hearing briefs on December 14, 2012, the case was submitted for decision. The ALJ
EERA is codified at Government Code section 3540 et seq.

issued her proposed decision on January 31, 2013, finding against the District on both counts
of
retaliatory conduct. On February 25, 2013, the District timely filed limited exceptions to the
proposed decision. The District excepted only to the factual and legal determinations
concerning the District's denial
of
a class assignment for the spring 2010 semester. On
March 18, 3013, the Coast Community College Association (Association) timely filed an
opposition.
On October 3, 2013, counsel for the District filed a letter and a copy
of
a global
settlement agreement on behalf
of
both the District and the Association, jointly requesting that
the exceptions filed by the District be withdrawn and that the underlying unfair practice charge
be dismissed with prejudice. The letter was served on counsel for the Association.
The Board has the 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."];2 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-l
7la; ABC
Unified School District (1991) PERB Decision No. 831b.)
Based on the Board's review
of
the parties' request and the entire record in this matter,
the Board finds withdrawal
of
the exceptions and the unfair practice charge to be in the best
interest of the parties and consistent with the purposes
of
EERA to promote harmonious labor
relations. The Board has a longstanding policy
of
favoring voluntary settlement of disputes.
(Dry Creek Joint Elementary School District (1980) PERB Order No. Ad-81.) Accordingly,
2 PERB Regulations are codified at California Code of Regulations, title 8,
section 3 1001 et seq.
2
issued her proposed decision on January 31, 2013, finding against the District on both counts
of retaliatory conduct. On February 25, 2013, the District timely filed limited exceptions to the
proposed decision. The District excepted only to the factual and legal determinations
concerning the District's denial of a class assignment for the spring 2010 semester. On
March 18, 3013, the Coast Community College Association (Association) timely filed an
opposition.
On October 3, 2013, counsel for the District filed a letter and a copy of a global
settlement agreement on behalf of both the District and the Association, jointly requesting that
the exceptions filed by the District be withdrawn and that the underlying unfair practice charge
be dismissed with prejudice. The letter was served on counsel for the Association.
The Board has the 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-171a; ABC Unified School District (1991) PERB Decision No. 831b.)
Based on the Board's review of the parties' request and the entire record in this matter,
the Board finds withdrawal of the exceptions and the unfair practice charge to be in the best
interest of the parties and consistent with the purposes of EERA to promote harmonious labor
relations. The Board has a longstanding policy of favoring voluntary settlement of disputes.
(Dry Creek Joint Elementary School District (1980) PERB Order No. Ad-81.) Accordingly,
PERB Regulations are codified at California Code of Regulations, title 8,
section 31001 et seq.

the Board grants the parties' request to withdraw the exceptions and the unfair practice charge
with prejudice.
ORDER
The joint request by the Coast Community College Association and the Coast
Community College District in Case No. LA-CE-5436-E is hereby GRANTED. All exceptions
to the proposed decision are hereby deemed withdrawn and the proposed decision is hereby
vacated. The unfair practice charge is DISMISSED WITH PREJUDICE.
Members Huguenin and Banks joined in this Decision.
3
the Board grants the parties' request to withdraw the exceptions and the unfair practice charge
with prejudice.
ORDER
The joint request by the Coast Community College Association and the Coast
Community College District in Case No. LA-CE-5436-E is hereby GRANTED. All exceptions
to the proposed decision are hereby deemed withdrawn and the proposed decision is hereby
vacated. The unfair practice charge is DISMISSED WITH PREJUDICE.
Members Huguenin and Banks joined in this Decision.
W