South Coast Air Quality Management District (PERB 2310M)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
SOUTH COAST PROFESSIONAL EMPLOYEES
ASSOCIATION,
Charging Party, 	Case No. LA-CE-779-M
PERB Decision No. 2310-M
SOUTH COAST AIR QUALITY MANAGEMENT 	March 8, 2013
DISTRICT,
Respondent.
Appearances: The Myers Law Group by Adam N. Stern, Attorney, for South Coast
Professional Employees Association; A. John Olvera, Principal Deputy District Counsel,
for South Coast Air Quality Management District.
Before Martinez, Chair; Huguenin and Banks, Members.
DECISION
BANKS, Member: This case is before the Public Employment Relations Board (PERB
or Board) on appeal by the South Coast Professional Employees Association (Association) from
the dismissal of its unfair practice charge. The charge, as amended, alleges that the South Coast
Air Quality Management District (District) violated the Meyers-Milias-Brown Act (MMBA) by
bargaining in bad faith.
The Office of the General Counsel dismissed the charge for failure to state a prima facie
case. The Association filed a timely appeal. The District filed a timely opposition. With the
filings complete, by letter dated December 6, 2012, the Appeals Assistant notified the parties
that the case had been placed on the Board's docket. By letter dated February 1, 2013, the
Association notified PERB that the parties had resolved all their differences and executed a new
The MMBA is codified at Government Code section 3500 et seq.
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
SOUTH COAST PROFESSIONAL EMPLOYEES
ASSOCIATION,
Charging Party,
v.
SOUTH COAST AIR QUALITY MANAGEMENT
DISTRICT,
Respondent.
Case No. LA-CE-779-M
PERB Decision No. 2310-M
March
8,
2013
Appearances: The Myers Law Group by Adam N. Stern, Attorney, for South Coast
Professional Employees Association; A. John Olvera, Principal Deputy District Counsel,
for South Coast Air Quality Management District.
Before Martinez, Chair; Huguenin and Banks, Members.
DECISION
BANKS, Member: This case is before the Public Employment Relations Board (PERB
or Board) on appeal by the South Coast Professional Employees Association (Association) from
the dismissal
of
its unfair practice charge. The charge, as amended, alleges that the South Coast
Air Quality Management District (District) violated the Meyers-Milias-Brown Act (MMBA) 1 by
bargaining in bad faith.
The Office of the General Counsel dismissed the charge for failure to state a prima facie
case. The Association filed a timely appeal. The District filed a timely opposition. With the
filings complete, by letter dated December 6, 2012, the Appeals Assistant notified the parties
that the case had been placed on the Board's docket. By letter dated February
1,
2013, the
Association notified PERB that the parties had resolved all their differences and executed a new
1 The MMBA is codified at Government Code section 3500 et seq.

memorandum of understanding, and wished to withdraw the unfair practice charge in this case
pending before the Board itself and two other pending charges.
The Board has discretion to grant or deny requests to withdraw and dismiss cases pending
before the Board itself. (PERB Reg. 32320, subd. (a)(2) ["The Board itself may: [] . . . take
such other action as it considers proper."];" 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 the Association's request and the entire record in this matter,
the Board finds withdrawal of the unfair practice charge to be in the best interests of the parties
and consistent with the purposes of the MMBA. Accordingly, the Board grants the
Association's request to withdraw the charge.
ORDER
The request by the South Coast Professional Employees Association to withdraw the
unfair practice charge with prejudice in Case No. LA-CE-779-M is hereby GRANTED.
Chair Martinez and Member Huguenin joined in this Decision.
2 PERB Regulations can be found at California Code of Regulations, title 8,
section 31001 et seq.
22
memorandum
of
understanding, and wished to withdraw the unfair practice charge in this case
pending before the Board itself and two other pending charges.
The Board has discretion to grant or deny requests to withdraw and dismiss cases pending
before the Board itself. (PERB Reg. 32320, subd. (a)(2) ["The Board itself may: 	[1]
	...
take
such other action as it considers proper."];2 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
the Association's request and the entire record in this matter,
the Board finds withdrawal
of
the unfair practice charge to be in the best interests
of
the parties
and consistent with the purposes
of
the MMBA. Accordingly, the Board grants the
Association's request to withdraw the charge.
ORDER
The request by the South Coast Professional Employees Association to withdraw the
unfair practice charge with prejudice in Case No. LA-CE-779-M is hereby GRANTED.
Chair Martinez and Member Huguenin joined in this Decision.
2 PERB Regulations can be found at California Code of Regulations, title 8,
section 31001 et seq.