State of California (Peace Officers of California and California Statewide Law Enforcement Association) (PERB A371S)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
STATE OF CALIFORNIA,
Employer,
and
PEACE OFFICERS OF CALIFORNIA,
Petitioner,
and
CALIFORNIA STATEWIDE LAW
ENFORCEMENT ASSOCIATION,
Exclusive Re resentative.
Case No. SA-SV-167-S
Administrative Appeal
PERB Order No. Ad-371-S
March 13, 2008
Appearances: 	Rose Law Firm by Joseph W. Rose, Attorney, for Peace Officers of California;
Carroll, Burdick & McDonough by Gary M. Messing and Jason H. Jasmine, Attorneys, for
California Statewide Law Enforcement Association.
Before McKeag, Wesley and Rystrom, Members.
DECISION
RYSTROM, Member: 	This case comes before the Public Employment Relations Board
(PERB or Board) on appeal by the Peace Officers of California (POC) of a dismissal of a
severance petition. 	The severance petition, filed by POC on November 30, 2007, pursuant to
PERB Regulation 40200, 1 sought to create a bargaining unit consisting of "All job
classifications within Bargaining Unit 07, which are declared by law to be peace officers
within the meaning of Calif. Penal Code, Part 2, Title 3, Chapter 4.5, commencing with
Section 830" estimated by the petitioner to consist of 2,200 employees.
1PERB regulations are codified at California Code of Regulations, title 8,
section 31001, et seq.

On January 17, 2008, the petition was dismissed pursuant to an administrative
determination that the proof
of
support was insufficient to meet the requirements
of
PERB
Regulation 40220. POC filed exceptions to the determination and an amended petition for
severance on January 24, 2008.
By letter dated March 3, 2008, POC informed PERB that it withdraws and dismisses its
appeal in this case which we consider to be a request to withdraw both the exceptions and
amended petition for severance.
Having reviewed the record in this matter, the Board finds this withdrawal to be in the
best interests
of
the parties and consistent with the Ralph
C.
Dills Act (Dills Act).2
Accordingly, the Board grants the POC's request to withdraw its appeal.
ORDER
The request by the Peace Officers
of
California to withdraw its appeal
of
the dismissal
in Case No. SA-SV-167-S is hereby GRANTED.
Members McKeag and Wesley joined in this Decision.
2The Dills Act is codified at Government Code section 3512, et seq.
2