McCloud Community Services District (PERB 1625M)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL 3,
Charging Party,
V.
MC CLOUD COMMUNITY SERVICES
DISTRICT,
Respondent.
Case No. SA-CE-120-M
PERB Decision No.	
1625-M
April
	29,
	2004
Appearances: Weinberg, Roger & Rosenfeld by Matthew J. Gauger, Attorney, for
International Union
of
Operating Engineers, Local 3; Kuykendall & Simas, by Steven L.
Simas, Attorney, for McCloud Community Services District.
Before Duncan, Chairman; Whitehead and Neima, Members.
DECISION
NEIMA, Member: This case is before the Public Employment Relations Board (Board)
on appeal by the International Union
of
Operating Engineers, Local 3 (IUOE)
of
a Board
agent's dismissal
of
its unfair practice charge. The charge alleged that the McCloud
Community Services District violated the Meyers-Milias-Brown Act (MMBA)1
by refusing to
recognize IUOE as the exclusive representative and refusing to bargain with the IUOE.
By letter dated April 9, 2004, IUOE seeks to withdraw their appeal. There is no
indication that the withdrawal is not in the best interests
of
the parties or is inconsistent with
the purposes
of
the MMBA. Accordingly, the Board grants the withdrawal.
1The MMBA is codified at Government Code section 3500 et seq.

ORDER
The request
of
the International Union
of
Operating Engineers, Local 3 to withdraw its
appeal in Case No. SA-CE-120-M is hereby GRANTED. Accordingly, the appeal and unfair
practice charge are WITHDRAWN.
Chairman Duncan and Member Whitehead joined in this Decision.
2