Red Bluff Union High School District (PERB 2193E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION & ITS CHAPTER 354,
Charging Party,
V.
RED BLUFF UNION HIGH SCHOOL DISTRICT,
Respondent.
Case No. SA-CE-2480-E
PERB Decision No. 2193
August 5, 2011
Appearances: Joan Nevarez, Labor Relations Representative, and David J. Doloff, Attorney,
for California School Employees Association & its Chapter 354; Kronick, Moskovitz,
Tiedemann & Girard by Chelsea R. Olson, Attorney, for Red
Bluff
Union High School
District.
Before Martinez, Chair; McKeag and Dowdin Calvillo, Members.
DECISION
McKEAG, Member: This case comes before the Public Employment Relations Board
(PERB or Board) on appeal by the California School Employees Association & its Chapter 3 54
(CSEA)
of
a dismissal
of
an unfair practice charge by an administrative law judge. The charge
alleged that the Red Bluff Union High School District (District) violated the Educational
Employment Relations Act (EERA), 1 when its management recommended that the District's
Board
of
Trustees not ratify a tentative agreement previously reached by the parties. CSEA
alleged that this conduct constituted a violation
of
EERA section 3543.5(a), (b) and (c).
By letter dated July 8, 2011, CSEA notified the Board that the parties had settled the
dispute, and requested the withdrawal
of
the complaint and underlying charge.
1 EERA is codified at Government Code section 3540 et seq. Unless otherwise indicated,
all statutory references herein are to the Government Code.

PERB has long held that the Board has the discretion to grant or deny requests to
withdraw and dismiss cases pending before the Board itself. (State
of
California (Department
of
Personnel Administration) (2010) PERB Decision No. 2152-S.) In the instant case, the
Board has reviewed the entire record and finds the withdrawal to be in the best interests
of
the
parties and to be consistent with the purposes
of
EERA. Accordingly, CSEA' s request for
withdrawal is granted.
ORDER
The Board hereby GRANTS the request by the California School Employees
Association & its Chapter 354 to withdraw its unfair practice charge in Case
No. SA-CE-2480-E, DISMISSES the complaint, and VACATES the proposed decision dated
October 15, 2009.
Chair Martinez and Member Dowdin Calvillo joined in this Decision.
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