City of Hughson (PERB 2158M)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
OPERATING ENGINEERS LOCAL UNION
NO. 3,
Charging Party, 	Case No. SA-CE-537-M
v . 	PERB Decision No. 2158-M
January 25, 2011	CITY OF HUGHSON,
Respondent.
Appearances: Jolsna M. John, Associate House Counsel, for Operating Engineers Local Union
No. 3; Neumiller & Beardslee by Lisa Blanco Jimenez, Attorney, for City of Hughson.
Before Dowdin Calvillo, Chair; Mckeag and Wesley, Members.
DECISION
WESLEY, Member: This case is before the Public Employment Relations Board
(PERB or Board) on exceptions filed by the City of Hughson (City) to an administrative law
judge's (ALD) proposed decision. In his proposed decision, the ALJ held that the City violated
the Meyers-Milias-Brown Act (MMBA)' when it unilaterally changed an established policy by
refusing to compensate an employee for performing out-of-class work.
The City filed its exceptions to the proposed decision on June 23, 2010. The Operating
Engineers Local Union No. 3 (Union) timely filed its response on August 12, 2010. On
December 30, 2010, the City and the Union notified the Board that they had settled their
dispute. The parties filed a joint stipulation and request to withdraw the exceptions and
dismiss the case with prejudice. On January 11, 2011, the parties clarified that they also
sought to vacate the proposed decision.
The MMBA is codified at Government Code section 3500 et seq.
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
OPERATING ENGINEERS LOCAL UNION
NO. 3,
Charging Party,
V.
CITY OF HUGHSON,
Respondent.
Case No. SA-CE-537-M
PERB Decision No. 2158-M
January 25, 2011
Appearances: Jolsna M. John, Associate House Counsel, for Operating Engineers Local Union
No. 3; Neumiller & Beardslee by Lisa Blanco Jimenez, Attorney, for City of Hughson.
Before Dowdin Calvillo, Chair; McKeag and Wesley, Members.
DECISION
WESLEY, Member: This case is before the Public Employment Relations Board
(PERB or Board) on exceptions filed by the City of Hughson (City) to an administrative law
judge's (ALJ) proposed decision. In his proposed decision, the ALJ held that the City violated
the Meyers-Milias-Brown Act (MMBA)1 when it unilaterally changed an established policy by
refusing to compensate an employee for performing out-of-class work.
The City filed its exceptions to the proposed decision on June 23, 2010. The Operating
Engineers Local Union No. 3 (Union) timely filed its response on August 12, 2010. 	On
December 30, 2010, the City and the Union notified the Board that they had settled their
dispute. The parties filed a joint stipulation and request to withdraw the exceptions and
dismiss the case with prejudice. On January 11, 2011, the parties clarified that they also
sought to vacate the proposed decision.
1 The MMBA is codified at Government Code section 3500 et seq.

After reviewing the parties' request and the entire record in this matter, the Board finds
the withdrawal to be in the best interests of the parties and consistent with the purposes of the
MMBA. (Trustees of the California State University (2008) PERB Decision No. 1992-H.)
ORDER
The joint request by the City of Hughson and the Operating Engineers Local Union
No. 3 to withdraw the exceptions to the proposed decision in Case No. SA-CE-537-M, vacate
the proposed decision and dismiss the case with prejudice is hereby GRANTED.
22
Chair Dowdin Calvillo and Member McKeag joined in this Decision.
After reviewing the parties' request and the entire record in this matter, the Board finds
the withdrawal to be in the best interests of the parties and consistent with the purposes of the
MMBA. (Trustees of the California State University (2008) PERB Decision No. 1992-H.)
ORDER
The joint request by the City of Hughson and the Operating Engineers Local Union
No. 3 to withdraw the exceptions to the proposed decision in Case No. SA-CE-537-M, vacate
the proposed decision and dismiss the case with prejudice is hereby GRANTED.
Chair Dowdin Calvillo and Member Mckeag joined in this Decision.