Trustees of the California State University (PERB A350H)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
I)
ACADEMIC PROFESSIONALS OF
CALIFORNIA,
Charging Party,
v.
TRUSTEES OF THE CALIFORNIA STATE
UNIVERSITY,
Respondent.
Case No. LA-CE-792-H
Administrative Appeal
PERB Order No. Ad-350-H
December 9, 2005
Appearances: Rothner, Segall & Greenstone by Bernhard Rohrbacher, Attorney, for Academic
Professionals of California; Office of the General Counsel by Marc D. Mootchnik, University
Counsel, for Trustees of the California State University.
Before Duncan, Chairman; Shek and Neuwald, Members.
DECISION
DUNCAN, Chairman: This case comes before the Public Employment Relations Board
(PERB or Board) on exceptions filed by the Trustees of the California State University (CSU)
to a ruling by a Board agent that it failed to comply with the posting requirements of an order
accompanying an administrative law judge's proposed decision,1 the substance of which was
not challenged. 	The Academic Professionals of California (APC) filed a response to the
exceptions.
On November 8, 2005, CSU and APC jointly informed the Board that they had met and
resolved the matter and requested that PERB consider the case closed.
After reviewing CSU and APC's joint request, as well as the entire record in this
matter, the Board finds that granting the request is in the best interests of the parties and is
Trustees of the California State University (APC) (2005) PERB Decision
No. HO-U-873-H.

consistent with the purposes of the Higher Education Employer-Employee Relations Act
(HEERA).2
DISCUSSION
Sometimes after a case has reached the Board itself, the parties are still working on
resolving issues and are able to reach agreement. When this occurs, there is a request from the
parties to withdraw the case from the Board level. The Board reviews each request of this
nature to determine whether granting it would be consistent with the governing statute and in
the best interests of the parties. 	(Orange Unified School District (2001) PERB Decision
No. 1437.)
In cases where exceptions have been filed, the Board is guided by PERB
Regulation 32320,3 which provides, in pertinent part:
(a) 	The Board itself may:
(1) Issue a decision based upon the record of hearing, or
(2) Affirm, modify or reverse the proposed decision, order the
record re-opened for the taking of further evidence, or take such
other action as it considers proper.
It is clear that the Board has the discretion to grant or deny the request and to allow the
withdrawal of a charge and complaint, and to vacate a proposed decision. 	(ABC Unified
School District (1991) PERB Decision No. 831 b.)
In this case, the parties have resolved the dispute related to compliance. The dispute
did not address the substance of the ALJ's proposed decision and that decision stands. The
Board concludes it effectuates the purposes of HEERA to permit withdrawal of the exceptions
related to compliance in this case.
HEERA is codified at Government Code section 3560, et seq.
3PERB regulations are codified at California Code of Regulations, title 8,
section 31001, et seq.
2

ORDER
The request by the Trustees of the California State University and the Academic
Professionals of California to withdraw the exceptions filed related to compliance in Trustees
of the California State University (APC) (2005) PERB Decision No. HO-U-873-H is hereby
GRANTED. It is ORDERED that the appeal is DISMISSED WITH PREJUDICE.
Members Shek and Neuwald joined in this Decision.
33