City of Fresno (PERB 2373M)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
INTERNATIONAL UNION OF OPERATING
ENGINEERS, STATIONARY LOCAL NO. 39,
Charging Party, 	Case No. SA-CE-752-M
V . 	PERB Decision No. 2373-M
May 16, 2014	CITY OF FRESNO,
Respondent.
Appearances: Weinberg, Roger & Rosenfeld by Gary Provencher, Attorney, for International
Union of Operating Engineers, Stationary Local No. 39; Liebert, Cassidy & Whitmore by
Shelline K. Bennett and Che I. Johnson, Attorneys, for City of Fresno.
Before Huguenin, Winslow and Banks, Members.
DECISION
HUGUENIN, Member: This case is before the Public Employment Relations Board
(PERB or Board) on exceptions to the proposed decision of a PERB administrative law judge
which held that the City of Fresno (City) violated the Meyers-Milias-Brown Act (MMBA),
sections 3503, 3505 and 3506 and PERB Regulation 32603(a), (b) and (c)," by unilaterally
implementing a furlough program for fiscal year 2011-2012 without meeting and conferring in
good faith with the International Union of Operating Engineers, Stationary Local No. 39
(Local 39).
Subsequently, the City filed a request with the Board to withdraw its exceptions to the
proposed decision, pursuant to a settlement agreement between the parties.
MMBA is codified at Government Code section 3500 et seq.
2 PERB Regulations are codified at California Code of Regulations, title 8,
section 31001 et seq.
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
INTERNATIONAL UNION OF OPERATING
ENGINEERS, STATIONARY LOCAL NO. 39,
Charging Party,
V.
CITY OF FRESNO,
Respondent.
Case No. SA-CE-752-M
PERB Decision No. 2373-M
May 16, 2014
Appearances: Weinberg, Roger & Rosenfeld by Gary Provencher, Attorney, for International
Union
of
Operating Engineers, Stationary Local No. 39; Liebert, Cassidy & Whitmore
by
Shelline K. Bennett and Che
I.
Johnson, Attorneys, for City
of
Fresno.
Before Huguenin, Winslow and Banks, Members.
DECISION
HUGUENIN, Member: This case is before the Public Employment Relations
Board
(PERB or Board) on exceptions to the proposed decision
of
a PERB administrative law
judge
which held that the City
of
Fresno (City) violated the Meyers-Milias-Brown Act (MMBA), 1
sections 3503, 3505 and 3506 and PERB Regulation 32603(a), (b) and (c),2 by unilaterally
implementing a furlough program for fiscal year 2011-2012 without meeting and conferring in
good faith with the International Union
of
Operating Engineers, Stationary Local No. 39
(Local 39).
Subsequently, the City filed a request with the Board to withdraw its exceptions to the
proposed decision, pursuant to a settlement agreement between the parties.
1 MMBA is codified at Government Code section 3500 et seq.
2 PERB Regulations are codified at California Code of Regulations, title 8,
section 31001 et seq.

In cases where exceptions have been filed, the Board is guided by PERB
Regulation 32320 which provides, in pertinent part:
(a) 	The Board itself may:
Issue a decision based upon the record of hearing, or
(2) . Affirm, modify or reverse the proposed decision, order the
record re-opened for the taking of further evidence, or take such
other action as it considers proper.
The Board has considered the request for withdrawal and concurs that withdrawal is in
the best interest of the parties and is consistent with the purposes of the MMBA.
Accordingly, the Board grants the City's request to withdraw its exceptions.
ORDER
The request to withdraw the exceptions to the proposed decision in Case
No. SA-CE-752-M is hereby GRANTED and the exceptions are WITHDRAWN.
Members Winslow and Banks joined in this Decision.
Pursuant to PERB Regulation 32305, the proposed decision shall become final.
22
In cases where exceptions have been filed, the Board is guided by PERB
Regulation 32320 which provides, in pertinent part:
(a) 	The Board itself may:
(1)	(1) 	Issue a decision based upon the record of hearing, or
(2) 	Affirm, modify or reverse the proposed decision, order the
record re-opened for the taking of further evidence, or take such
other action as it considers proper.
The Board has considered the request for withdrawal and concurs that withdrawal is in
the best interest of the parties and is consistent with the purposes of the MMBA.
Accordingly, the Board grants the City's request to withdraw its exceptions.
ORDER
The request to withdraw the exceptions to the proposed decision in Case
No. SA-CE-752-M is hereby GRANTED and the exceptions are WITHDRA WN.3
Members Winslow and Banks joined in this Decision.
3 Pursuant to PERB Regulation 32305, the proposed decision shall become final.