County of Santa Clara (PERB 2685M)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
SERVICE EMPLOYEES INTERNATIONAL
UNION LOCAL 521,
Charging Party, 	Case No. SF-CE-1670-M
v. 	PERB Decision No. 2685-M
December 10, 2019	COUNTY OF SANTA CLARA,
Respondent.
Appearances: Weinberg Roger & Rosenfeld by Kerianne R. Steele, Attorney, for
Service Employees International Union Local 521; Nancy J. Clark, Deputy County
Counsel, for County of Santa Clara.
Before Banks, Shiners, and Krantz, Members.
DECISION
SHINERS, Member: This case is before the Public Employment Relations
Board (PERB or Board) on appeal by Service Employees International Union Local
521 (SEIU) of a partial dismissal of its unfair practice charge. The charge alleged that
the County of Santa Clara (County) violated the Meyers-Milias-Brown Act (MMBA)1
and the Prohibition on Public Employers Deterring or Discouraging Union Membership
Chapter (PEDD)2 by engaging in a course of conduct which culminated in the County
________________________
1 The MMBA is codified at Government Code section 3500 et seq. All statutory
references are to the Government Code unless otherwise indicated.
2 The PEDD is codified at Government Code section 3550.

2
asking the State Mediation and Conciliation Service (SMCS) to conduct a
decertification election in the County’s Public Health Nurses bargaining unit. The
Office of the General Counsel (OGC) issued a complaint alleging that the County’s
determination to proceed with a decertification election violated the MMBA. OGC
dismissed the remaining charge allegations. SEIU filed a timely appeal of the partial
dismissal.
On August 7, 2019, an administrative law judge (ALJ) issued a proposed
decision in this case. The ALJ ruled the County violated the MMBA by deciding to
move forward with a decertification election based on a defective petition. The ALJ
ordered the County to rescind its determination that the petition was valid and its
request that SMCS conduct a decertification election based on the petition. Neither
party filed exceptions to the proposed decision, and it became final on September 4,
2019. On December 3, 2019, SEIU filed a request to withdraw its appeal of the partial
dismissal.
Under the Board’s authority to take any action in a pending case that the Board
deems necessary to discharge its duties and effectuate the purposes of the statutes
PERB enforces, the Board has discretion to grant or deny requests to withdraw and
dismiss cases pending before the Board itself. (MMBA, § 3509, subd. (a); EERA, §
3541.3, subds. (i) and (n);3 PERB Reg. 32320, subd. (a)(2) [“The Board itself may . . .
[¶] . . . take such other action as it considers proper.”];4 State of California
________________________
3 The Educational Employment Relations Act (EERA) is codified at section 3540
et seq.
4 PERB Regulations are codified at California Code of Regulations, title 8,
section 31001 et seq.

3
(Department of Personnel Administration) (2010) PERB Decision No. 2152-S;
Grossmont-Cuyamaca Community College District (2009) PERB Order No. Ad-380;
ABC Unified School District (1991) PERB Decision No. 831b.) Based on our review of
SEIU’s request and the entire record in this matter, the Board finds withdrawal of
SEIU’s appeal to be consistent with the MMBA’s purpose of promoting harmonious
labor relations, and accordingly grants SEIU’s request.
ORDER
The request by Service Employees International Union Local 521 to withdraw its
appeal of the partial dismissal in Case No. SF-CE-1670-M is GRANTED.
Members Banks and Krantz joined in this Decision.