County of Riverside (PERB 2576M)

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STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
RIVERSIDE SHERIFFS’ ASSOCIATION,
Charging Party, 	Case No. LA-CE-1002-M
v. 	PERB Decision No. 2576-M
COUNTY OF RIVERSIDE, 	June 29, 2018
Respondent.
Appearances: Law Office of Olins & Chaikin, by Doug Olins and Adam E. Chaikin,
Attorneys, for Riverside Sheriffs’ Association; The Zappia Law Firm, by Edward P. Zappia
and Brett M. Ehman, Attorneys, for County of Riverside.
Before Banks, Winslow, and Krantz, Members.
DECISION
WINSLOW, Member: This case is before the Public Employment Relations Board
(PERB or Board) on exceptions filed by the County of Riverside (County) to a proposed
decision by an administrative law judge (ALJ). The complaint alleged that the County violated
the Meyers-Milias-Brown Act (MMBA)1 when it implemented an automatic vehicle location
system (AVLS) without bargaining over the negotiable effects.
In her proposed decision, the ALJ concluded that the County had violated the duty to
bargain in good faith by not negotiating over the effects of the AVLS and ordered it to bargain
with the Riverside Sheriffs’ Association (Association) upon request. The County filed
exceptions and the matter was placed on the Board’s docket.
On June 12, 2018, counsel for the Association notified the Board that the parties had
reached a settlement of the dispute regarding the AVLS and requested that its unfair practice
charge be dismissed with prejudice.
1 The MMBA is codified at Government Code section 3500 et seq. Unless otherwise
indicated, all statutory references herein are to the Government Code.

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The Board has discretion to grant or deny requests to withdraw and dismiss cases
pending before the Board itself. (MMBA section 3509, subd. (a); Educational Employment
Relations Act (EERA)2 section 3541.3, subds. (j) and (n); PERB Reg. 32320, subd. (a)(2)3
[“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. 831b.)
The Board has a longstanding policy favoring voluntary settlement of disputes, such as
that achieved by the parties in this case. (Dry Creek Joint Elementary School District (1980)
PERB Order No. Ad-81a.) Based on the Board’s review of the Association’s request, the
settlement agreement, 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. Because we will dismiss the unfair practice charge and the
complaint on which it was based, we deem the exceptions to the proposed decision
moot and dismiss those as well.
ORDER
Pursuant to the request of the Riverside Sheriffs’ Association, the unfair practice
complaint and underlying unfair practice charge in Case No. LA-CE-1002-M are hereby
DISMISSED WITH PREJUDICE, and the County of Riverside’s exceptions to the proposed
decision are hereby DISMISSED AS MOOT.
Members Banks and Krantz joined in this Decision.
2 EERA is codified at Government Code section 3540 et seq.
3 PERB Regulations are codified at California Code of Regulations, title 8, section
31001 et seq.
2