PERB Decision No. 2148M•Santa Clara Valley Water District (PERB 2148M)
Santa Clara Valley Water District (PERB 2148M)
PERB Decision No. 2148MCalperb13 dic 2010
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STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD ENGINEERS SOCIETY, Charging Party, V . SANTA CLARA VALLEY WATER DISTRICT, Respondent. ENGINEERS SOCIETY, Charging Party, V. SANTA CLARA VALLEY WATER DISTRICT, Respondent. Case No. SF-CE-639-M PERB Decision No. 2148-M December 13, 2010 Case No. SF-CE-639-M PERB Decision No. 2148-M December 13, 2010 Appearance: Appearance: Wylie, McBride, Platten & Renner by Christopher E. Platten, Attorney, for Engineers Society. Wylie, McBride, Platten & Renner by Christopher E. Platten, Attorney, for Before Dowdin Calvillo, Chair; McKeag and Wesley, Members. Before Dowdin Calvillo, Chair; Mckeag and Wesley, Members. DECISION DECISION DOWD IN CALVILLO, Chair: This case is before the Public Employment Relations Board (Board) on appeal by Engineers Society (Society) of a Board agent's partial dismissal of its unfair practice charge. The charge alleged, in relevant part, that the Santa Clara Valley Water District violated the Meyers-Milias-Brown Act (MMBA) DOWDIN CALVILLO, Chair: This case is before the Public Employment Relations 1 when it refused to arbitrate a grievance filed by the Society. The Board agent dismissed this allegation, finding that it failed to establish a prima facie case of an unlawful unilateral change in the parties' grievance procedure. Water District violated the Meyers-Milias-Brown Act (MMBA)' when it refused to arbitrate a Board (Board) on appeal by Engineers Society (Society) of a Board agent's partial dismissal of its unfair practice charge. The charge alleged, in relevant part, that the Santa Clara Valley grievance filed by the Society. The Board agent dismissed this allegation, finding that it failed to establish a prima facie case of an unlawful unilateral change in the parties' grievance procedure. By letter dated September 21, 2010, the Society notified the Board that it wished to withdraw its appeal of the partial dismissal because the parties had reached a settlement of the entire matter. Based on our review of the Society's letter, the executed settlement agreement, and the entire record in this matter, the Board finds withdrawal is in the best interests of the By letter dated September 21, 2010, the Society notified the Board that it wished to 1 The MMBA is codified at Government Code section 3500 et seq. The MMBA is codified at Government Code section 3500 et seq. Engineers Society. withdraw its appeal of the partial dismissal because the parties had reached a settlement of the entire matter. Based on our review of the Society's letter, the executed settlement agreement, 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 the Society's request to withdraw the appeal. parties and consistent with the purposes of the MMBA. Accordingly, the Board grants the ORDER ORDER The request by Engineers Society to withdraw its appeal of the partial dismissal in Case No. SF-CE-639-1\1 is hereby GRANTED. The request by Engineers Society to withdraw its appeal of the partial dismissal in Case 2 Members McKeag and Wesley joined in this Decision. Members Mckeag and Wesley joined in this Decision. 2 Society's request to withdraw the appeal. No. SF-CE-639-M is hereby GRANTED.
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