Turlock Irrigation District (PERB 2413M)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 1245,
Charging Party,
V.
TURLOCK IRRIGATION DISTRICT,
Respondent.
Case No. SA-CE-767-M
PERB Decision No. 2413-M
February 25, 2015
Appearances: Leonard Carder by Sanford N. Nathan, Attorney, and Alexander Pacheco,
Attorney, for International Brotherhood of Electrical Workers, Local 1245; Littler Mendelson
by Bruce J. Sarchet, Attorney, for Turlock Irrigation District.
Before Martinez, Chair; Huguenin and Winslow, Members.
DECISION
WINSLOW, Member: This case is before the Public Employment Relations Board
(PERB or Board) on exceptions filed by the International Brotherhood of Electrical Workers,
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Local 1245 (IBEW) to the proposed decision of a PERB administrative law judge (ALJ). The
complaint alleged that the Turlock Irrigation District (District) violated the Meyers-Milias-
Brown Act (MMBA) 1 by unilaterally terminating a past practice of compensating employees
who were mistakenly denied overtime assignments when they were skipped over on the
overtime call-out list. The complaint alleged that this conduct constituted a violation of
MMBA sections 3503, 3505, and 3506, and constituted an unfair practice under MMBA
section 3509(b) and PERB Regulation 32603(a), (b) and (c).2
1 MMBA is codified at Government Code section 3500 et seq.
2 PERB Regulations are codified at California Code of Regulations, title 8,
section 3 1001 et seq.

The formal hearing was held on April 9 and 10, 2013. On August 26, 2013, the case
was submitted for decision following receipt of post-hearing briefs. The ALJ issued the
proposed decision on November 8, 2013, dismissing the complaint on the grounds that no past
practice had been established. On December 19, 2013, IBEW filed exceptions to the proposed
decision, and the District responded on January 28, 2014.
On January 27, 2015, IBEW sent a letter to the Board, which states, in pertinent part:
The International Brotherhood of Electrical Workers, Local
Union 1245 would like to immediately withdraw its filed
exceptions and charge against Turlock Irrigation District in Case
No. SA-CE-767-M.
By letter from the PERB Appeals Assistant dated February 6, 2015, the Board sought
clarification from the parties regarding the possible withdrawal of this case. The letter states:
Before taking action on this request, the Board solicits the
position of respondent Turlock Irrigation District with respect to
the requested withdrawal of the unfair practice charge, which will
vacate the proposed decision in this case.
We also commend to the parties' attention County of Fresno
(2013) PERB Decision No. 2352-M, in which the Board
permitted the withdrawal of an underlying unfair practice charge
and dismissal of PERB' s complaint after the issuance of a
proposed decision on the condition that the withdrawal be with
prejudice. If the parties here mutually seek withdrawal of the
charge and dismissal of the PERB complaint, the Board would
take the same action in this case, viz., approving withdrawal on
the condition that it be with prejudice.
If it is not the parties' mutual intention that the underlying unfair
practice charge be withdrawn with prejudice and that the
proposed decision be vacated, please so advise in writing by
February 17, 2015.
As stated in its response letter dated February 11, 2015, the District "is in agreement
that the underlying charge and Complaint should be dismissed with prejudice, and that the
Proposed Decision be vacated." The Board did not receive a response from IBEW.
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The Board has the 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-171a; ABC Unified School District (1991) PERB Decision No. 831 b.)
Here, neither of the parties in Case No. SA-CE-767-M objects to the disposition
described above. The Board has a longstanding policy favoring voluntary settlement of
disputes. (Dry Creek Joint Elementary School District (1980) PERB Order No. Ad-81.)
Based on the Board's review ofIBEW' s request, and the entire record in this matter, the
Board finds the request to be in the best interest of the parties and consistent with the purposes
of the MMBA to promote harmonious labor relations.
ORDER
I
The request by the International Brotherhood of Electrical Workers, Local 1245
(IBEW) in Case No. SA-CE-767-M is hereby GRANTED. IBEW's exceptions to the proposed
decision are deemed withdrawn. The unfair practice charge is DISMISSED WITH
PREJUDICE. The complaint is dismissed and the proposed decision is hereby vacated.
Chair Martinez and Member Huguenin joined in this Decision.
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