Rosamond Community Services District (PERB 2655M)

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STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
AMERICAN FEDERATION OF STATE,
COUNTY & MUNICIPAL EMPLOYEES, LOCAL
1902,
Charging Party,
v.
ROSAMOND COMMUNITY SERVICES
DISTRICT,
Respondent.
Case No. LA-CE-1176-M
PERB Decision No. 2655-M
July 10, 2019
Appearances: Rothner, Segall & Greenstone by Eli Naduris-Weissman, Attorney, for
American Federation of State, County & Municipal Employees, Local 1902; Stradling Yocca
Carlson & Rauth by Jeffrey A. Dinkin and Klein DeNatale Goldner by Jay L. Rosenlieb,
Attorneys, for Rosamond Community Services District.
Before Banks, Krantz, and Paulson, Members.
DECISION
KRANTZ, Member: This case is before the Public Employment Relations Board
(PERB or Board) on exceptions by the Rosamond Community Services District (District) to a
proposed decision of an administrative law judge (ALJ). The proposed decision found that the
District violated sections 3503, 3505, 3506, and 3506.5, subdivision (c), of the Meyers-Milias-
Brown Act (MMBA)1 and PERB Regulation 32603, subdivisions (a), (b), and (c),2 by
changing the schedules of the front office staff exclusively represented by American
Federation of State, County & Municipal Employees, Local 1902 (Local 1902), without
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 and following.

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satisfying the District’s obligation to meet and confer with Local 1902 over the decision and
the negotiable effects of that decision.
While the District’s exceptions were pending before the Board, the parties jointly
notified the Board that they had settled the instant dispute. The District requested that it be
permitted to withdraw its exceptions, and the parties jointly requested that no further action be
taken in the case.
As part of 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 labor relations laws
that PERB enforces, the Board has discretion to grant or deny requests to withdraw and dismiss
cases pending before the Board itself. (EERA, § 3541.3, subds. (i) and (n);3 MMBA, § 3509,
subd. (a); City of Santa Rosa (Fire Department) (2019) PERB Decision No. 2653-M, p. 2
(Santa Rosa).) The Board finds withdrawal of the District’s exceptions, and the parties’ joint
request that no further action be taken in this case, to be consistent with the MMBA’s purpose
of promoting harmonious labor relations. (Santa Rosa, p. 2.) Accordingly, the Board grants
the District’s request to withdraw its exceptions to the proposed decision issued in Case
No. LA-CE-1176-M. We further direct that this matter is closed and compliance is deemed
complete.
ORDER
The request by Rosamond Community Services District to withdraw its exceptions to
the proposed decision issued in Case No. LA-CE-1176-M is hereby GRANTED. We further
direct that this matter is closed and compliance is deemed complete.
Members Banks and Paulson joined in this Decision.
3 The Educational Employment Relations Act (EERA) is codified at section 3540 et
seq.
2