Compton Community College District (PERB 2339E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
COMPTON COMMUNITY COLLEGE
FEDERATION,
Charging Party,
v.
COMPTON COMMUNITY COLLEGE
DISTRICT,
Res ondent.
Case No. LA-CE-5564-E
PERB Decision No. 2339
November 21, 2013
Appearances: Levy, Ford & Wallach by Lewis N. Levy and Daniel R. Barth, Attorneys, for
Compton Community College Federation; Atkinson, Andelson, Loya, Ruud & Romo by
Joshua E. Morrison, Attorney, for Compton Community College District.
Before Martinez, Chair; Huguenin and Banks, Members.
DECISION
MARTINEZ, Chair: This case is before the Public Employment Relations Board
(PERB or Board) after a request for extension
of
time within which to file exceptions to the
administrative law judge's
(ALJ) proposed decision was granted. The request for extension
of
time was filed by the Compton Community College District (District) and agreed to by the
Compton Community College Federation. The complaint, and underlying unfair practice
charge, alleged that the District violated the Educational Employment Relations Act (EERA)1
by laying
off
employee Joseph Lewis (Lewis) in retaliation for his BERA-protected activity.
A formal hearing was held on May 6-8, 2013. With the receipt
of
the parties' post-
hearing briefs on August 16, 2013, the record was closed and the case was submitted for
1 EERA is codified at Government Code section 3540 et seq. Unless otherwise
indicated, all further statutory references are to the Government Code.

decision. The ALJ issued his proposed decision on September 27, 2013, concluding that Lewis
had been laid
off
in retaliation for his EERA-protected activity.
By letter dated October 10, 2013, the PERB Appeals Assistant granted the District a
45-day extension
of
time within which to file a statement
of
exceptions. The new due date
given was December 6, 2013. By letter dated October 23, 2013, however, the parties jointly
informed the Board itself that they had reached a settlement
of
their dispute and agreed to have
the unfair practice charge and complaint dismissed with prejudice and the proposed decision
vacated. The Board was provided a copy
of
the settlement agreement.
The Board has the 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."];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-l 71a; ABC Unified School District (1991) PERB Decision No. 831b.)
Based on the Board's review
of
the parties' request and the entire record in this matter,
the Board finds withdrawal
of
this case to be in the best interest
of
the parties and consistent
with the purposes
of
EERA to promote harmonious labor relations. (See Victor Valley
Community College District (2006) PERB Order No. Ad-357 [Board granted withdrawal where
parties settled their dispute before the time within which to file exceptions expired].) The
Board has a longstanding policy
of
favoring voluntary settlement
of
disputes. (Dry Creek Joint
Elementary School District (1980) PERB Order No. Ad-81.)
2 PERB Regulations are codified at California Code of Regulations, title 8,
section 31001 et seq.
2

ORDER
The joint request by the Compton Community College District and the Compton
Community College Federation to withdraw the unfair practice charge with prejudice in Case
No. LA-CE-5564-E is hereby GRANTED. The complaint is dismissed with prejudice and the
proposed decision is vacated.
Members Huguenin and Banks joined in this Decision.