County of San Joaquin (PERB 2564M)

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STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
SAN JOAQUIN COUNTY CORRECTIONAL
OFFICERS ASSOCIATION,
Charging Party,
v.
COUNTY OF SAN JOAQUIN,
Respondent.
Case No. SA-CE-823-M
PERB Decision No. 2564-M
May 31, 2018
Appearances: Goyette & Associations by Paul Goyette, Attorney, for San Joaquin County
Correctional Officers Association; Renne, Sloan, Holtzman, Sakai by Erich W. Shiners,
Attorney, for County of San Joaquin.
Before Gregersen, Chair; Banks and Winslow, Members.
DECISION
BANKS, Member: This case is before the Public Employment Relations Board (PERB
or Board) on exceptions by the San Joaquin County Correctional Officers Association
(Association) to the proposed decision of a PERB Administrative Law Judge (ALJ) dismissing
the complaint and the Association’s unfair practice charge against the County of San Joaquin
(County). The complaint alleged that during negotiations for a successor Memorandum of
Understanding between February 2012 and January 2013, the County engaged in various unfair
practices in violation of the Meyers-Milias-Brown Act1 (MMBA) and PERB Regulations,2
including bad faith/surface bargaining, failure and/or refusal to provide information necessary
1 The MMBA is codified at Government Code section 3500 et seq. Unless otherwise
indicated, all statutory references are to the Government Code.
2 PERB Regulations are codified at California Code of Regulations, title 8,
section 31001 et seq.

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for contract negotiations, and discrimination against and/or interference with the protected
rights of the Association and bargaining unit employees. After a formal hearing and briefing,
the ALJ dismissed all allegations in the complaint.
The Association filed a timely statement of exceptions to the proposed decision and a
supporting brief.3 The County filed a response to the Association’s exceptions, urging the
Board to affirm the dismissal, but filed no exceptions or cross-exceptions to the proposed
decision.
On May 1, 2018, while its exceptions were pending before the Board, the Association
notified the Board that the parties had reached a global settlement of all disputes and requested
that it be permitted to withdraw its exceptions and that the complaint be dismissed with
prejudice.
Under its broad powers to “investigate unfair practice charges or alleged violations of
[the MMBA], and [to] take any action and make any determinations in respect of these charges
or alleged violations as the board deems necessary to effectuate the policies of [the MMBA],”
and to “take any other action as the board deems necessary to discharge its powers and duties
and otherwise to effectuate the purposes of [the MMBA],” the Board has discretion to grant or
deny requests to withdraw and dismiss cases pending before the Board itself. (§ 3541.3,
subds. (i) and (n); § 3509, subd. (a); State of California (Department of Personnel
3 The Association’s exceptions concern the dismissal of the allegation that the County
discriminated against Correctional Officers by unilaterally imposing economic concessions
that were more onerous than those demanded of or imposed on employees in the other 13
bargaining units which were then in negotiations with the County. Primarily at issue is
whether the ALJ properly applied Campbell Municipal Employees Association v. City of
Campbell (1982) 131 Cal.App.3d 416 and similar authorities prohibiting discrimination against
employees for protected activity. The Association has also excepted to several findings and
conclusions underlying the ALJ’s dismissal of the failure/refusal to provide information
allegation.
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Administration) (2010) PERB Decision No. 2152-S, p. 5.) When an appeal or exceptions
pending before the Board involves a matter of continuing public interest and a precedential
ruling on the matter will be instructive to all parties similarly situated, the Board has exercised
its discretion by denying a request for withdrawal, in the interest of justice. (Grossmont-
Cuyamaca Community College District (2009) PERB Order No. Ad-380, p. 2; ABC Unified
School District (1991) PERB Decision No. 831b, p. 4. (ABC USD).)
The Board finds withdrawal of the Association’ exceptions to the proposed decision
and dismissal of the complaint to be consistent with the MMBA’s purpose of promoting
harmonious labor relations. (See ABC USD, supra, PERB Decision No. 831b, p. 5.) While the
allegations included in the complaint and addressed by the proposed decision raise significant
issues with a continuing public interest, in light of the global settlement of the parties’ dispute,
it is unnecessary for the Board to issue a precedential decision. Accordingly, the Board grants
the Association’s request to withdraw its exceptions and to dismiss the complaint with
prejudice. The proposed decision shall be final and binding as to the parties in this case,
but without precedent. (PERB Reg. 32215; County of Fresno (2014) PERB Decision
No. 2352-M, pp. 3-5.)
ORDER
The request by the San Joaquin County Correctional Officers Association to withdraw
its exceptions to the proposed decision and to dismiss the complaint in unfair practice Case
No. SA-CE-823-M with prejudice is hereby GRANTED. The proposed decision and order
shall be final and binding on the parties to this case only.
Chair Gregersen and Member Winslow joined in this Decision.
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