Housing Authority of the City of Los Angeles (PERB 2312M)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
COUNCIL OF HOUSING PROFESSIONALS,
Charging Party, 	Case No. LA-CE-619-M
V . 	PERB Decision No. 2312-M
March 21, 2013	HOUSING AUTHORITY OF THE CITY OF
LOS ANGELES,
Respondent.
Appearances: City Employees Associates by Michael E. Koskie, Representative, for Council
of Housing Professionals; Atkinson, Andelson, Loya, Ruud & Romo by Nathan J. Kowalski
and Jay G. Trinnaman, Attorneys, for Housing Authority of the City of Los Angeles.
Before Martinez, Chair; Huguenin and Winslow, Members.
DECISION
WINSLOW, Member: This case is before the Public Employment Relations Board
(PERB or Board) on appeal by the Council of Housing Professionals (CHP) from a dismissal
of its unfair practice charge filed against the Housing Authority of the City of Los Angeles
(HACLA) under the Meyers-Milias-Brown Act (MMBA).'
The charge as amended alleged that the HACLA violated the MMBA when it
involuntarily transferred all members of the union's executive board to work sites that were
either unsafe or created longer commutes from the members' homes. The Office of the
General Counsel dismissed the charge for failure to state a prima facie case, and the CHP filed
a timely appeal.
On March 4, 2013, PERB received CHP's letter dated March 1, 2013, notifying PERB
that it wished to withdraw its charge without prejudice.
MMBA is codified at Government code section 3500 et seq. All statutory references
are to the Government code unless otherwise indicated.
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
COUNCIL OF HOUSING PROFESSIONALS,
Charging Party,
V.
HOUSING AUTHORITY OF THE CITY OF
LOS ANGELES,
Respondent.
Case No. LA-CE-619-M
PERB Decision No. 2312-M
March 21, 2013
Appearances: 	City Employees Associates by Michael E. Koskie, Representative, for Council
of
Housing Professionals; Atkinson, Andelson, Loya, Ruud & Romo by Nathan J. Kowalski
and Jay G. Trinnaman, Attorneys, for Housing Authority
of
the City
of
Los Angeles.
Before Martinez, Chair; Huguenin and Winslow, Members.
DECISION
WINSLOW, Member: This case is before the Public Employment Relations Board
(PERB or Board) on appeal by the Council
of
Housing Professionals (CHP) from a dismissal
of
its unfair practice charge filed against the Housing Authority
of
the City
of
Los Angeles
(HACLA) under the Meyers-Milias-Brown Act (MMBA).1
The charge as amended alleged that the HACLA violated the MMBA when it
involuntarily transferred all members
of
the union's executive board to work sites that were
either unsafe or created longer commutes from the members' homes. The Office
of
the
General Counsel dismissed the charge for failure to state a prima facie case, and the CHP filed
a timely appeal.
On March 4, 2013, PERB received CHP's letter dated March 1, 2013, notifying PERB
that it wished to withdraw its charge without prejudice.
1 MMBA is codified at Government code section 3500 et seq. All statutory references
are to the Government code unless otherwise indicated.

The Board has discretion to grant or deny requests to withdraw and dismiss cases
pending before the Board itself. (PERB Reg. 32320(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 CHP'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 CHP's
request to withdraw the charge.
ORDER
The request by the Council of Housing Professionals to withdraw the unfair practice
charge in Case No. LA-CE-619-M is hereby GRANTED.
Chair Martinez and Member Huguenin joined in this Decision.
22 .
The Board has discretion to grant or deny requests to withdraw and dismiss cases
pending before the Board itself. (PERB Reg. 32320(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.
831
b.)
Based on our review
of
the CHP'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
CHP's
request to withdraw the charge.
ORDER
The request by the Council
of
Housing Professionals to withdraw the unfair practice
charge in Case No. LA-CE-619-M is hereby GRANTED.
Chair Martinez and Member Huguenin joined in this Decision.