County of Santa Clara (PERB 2292M)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
F
MELVIN JONES, JR.,
Charging Party,
V.
COUNTY OF SANTA CLARA,
Respondent.
Case No. SF-CE-988-M
PERB Decision No. 2292-M
November 27, 2012
Appearances: Melvin Jones, Jr., on his own behalf; Cheryl
A.
Stevens, Deputy County
Counsel, for County
of
Santa Clara.
Before Martinez, Chair; Dowdin Calvillo and Huguenin, Members.
DECISION
DOWDIN CALVILLO: This case
is
before the Public Employment Relations Board
(PERB or Board) on appeal by Melvin Jones, Jr. (Jones) from the dismissal
of
an unfair
practice charge. The charge alleged that the County
of
Santa Clara (County) violated the
Meyers-Milias-Brown Act (MMBA) 1 by unilaterally changing the memorandum
of
understanding between the County and Jones's exclusive representative. On October 12, 2012,
the PERB Office
of
the General Counsel dismissed the charge, finding that it failed to state a
prima facie violation
of
the MMBA.
October 15, 201 	Jones 	a timely appeal from 	dismissal· 	charge.
October 19, 2012, Jones filed a request to withdraw his appeal from dismissal.2 That request
states: "Also, as to related case #SF-CE-988-M, I hereby request that 	Board withdraw my
1 The MMBA is codified at Government Code section 3500 et seq.
2 The October 19, 2012 filing also contained a request to include a document in connection
with Jones's request for a new hearing filed in a related case, PERB Case No. SF-CE-646-M.
That request is addressed in a separate Board decision.

Appeal
of
Board agents [sic] dismissal
of
case#
SF-CE-988-M, [i]n the interest
of
judicial
economy." (Underlining in original.)
By letter dated October 25, 2012, the PERB Appeals Assistant acknowledged Jones's
request to withdraw his appeal in the instant case and notified the parties that the County
would have until November 8, 2012, to submit a response to the October
15
appeal and
October
19
request to withdraw the appeal. The County filed a response on November 7,
2012.
DISCUSSION
The Board has the discretion to grant or deny requests to withdraw and dismiss cases
pending before the Board itself. (PERB Reg. 32320;3 State
of
California (Department
of
Personnel Administration) (2010) PERB Decision No. 2152-S; Grossmont-Cuyamaca
Community College District (2009) PERB Order No. Ad-380; Oakland Unified School District
(1988) PERB Order No. Ad-171; ABC Unified School District (1991) PERB Decision
No. 831b
.)
Based on our review
of
Jones's request and the entire record in this matter, the
Board finds withdrawal is in the best interests
of
the parties and consistent with the purposes
of
the MMBA. Accordingly, the Board grants Jones's request to withdraw his appeal.
ORDER
The request by Melvin Jones, Jr., to withdraw the appeal from dismissal
in
Case
No. SF-CE-988-M is hereby GRANTED.
Chair Martinez
and Member Huguenin joined in this decision.
3 PERB Regulations are codified at California Code of Regulations, title 8,
section 31001 et seq.
2