County of Riverside (PERB 2248M)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
LABORERS INTERNATIONAL UNION OF
NORTH AMERICA, LOCAL 777
Charging Party,
v.
COUNTY OF RIVERSIDE,
Respondent.
Case No. 	LA-CE-685-M
PERB Decision No. 	2248-M
April 6, 2012
Appearances: Edward R. Purcell, Labor Relations Consultant, for Laborers International
Union of North America, Local 777; Zappia Law Firm by Brett M. Ehman, Attorney, for
County of Riverside.
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 Laborers International Union of North America, Local 777
(LIU-NA) of a Board agent's partial dismissal of its unfair practice charge. 	The charge, as
amended, alleged that the County of Riverside (County) violated the Meyers-Milias-Brown
Act (MMBA)1 when it unilaterally changed retirement benefits for future retirees and failed to
provide LIUNA with requested information. The charge alleged that by this conduct the
County failed and refused to meet and confer in good faith with LIUNA, denied LIUNA the
right to represent its members in their employment relations with the County, and denied
employees the right to be represented by LIUNA in their employment relations with the
County. 	The Board agent concluded that the allegation concerning unilateral change in
1 The MMBA is codified at Government Code section 3500 et seq.

retirement benefits for future retirees failed to state a prima facie violation of the MMBA and
dismissed this allegation.
By letter dated March 15, 2012, LIUNA notified the Board that it wished to withdraw
its appeal of the partial dismissal of the charge because the parties had settled the dispute
underlying the unfair practice charge, and LIUNA agreed to withdraw the appeal to the Board
of the partial dismissal. 2 Based on our review of LIUN A's letter and the entire record in this
matter, the Board finds withdrawal is in the best interests of the parties and consistent with the
purposes of the MMBA. Accordingly, the Board grants LIUNA's request to withdraw the
appeal of the partial dismissal.
ORDER
The request by Laborers International Union of North America, Local 777 to withdraw
its appeal of the partial dismissal of its unfair practice charge in Case No. LA-CE-685-M is
hereby GRANTED.
Chair Martinez and Member Dowdin Calvillo joined in this Decision.
We note that the complaint which issued on other allegations in the charge was placed
in abeyance pending the appeal which LIUNA here withdraws. If the parties have settled as
well the dispute underlying the allegation on which the complaint issued, we expect PERB' s
Office of the General Counsel will receive a similar withdrawal request and at that time can
provide for withdrawal of the charge.
2