Mendocino County Office of Education (PERB 2200E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
MENDOCINO COUNTY FEDERATION OF
SCHOOL EMPLOYEES, AMERICAN
FEDERATION OF TEACHERS, LOCAL 4345,
Charging Party,
V.
MENDOCINO COUNTY OFFICE OF
EDUCATION,
Respondent.
Case No. SF-CE-2871-E
PERB Decision No. 2200
September 8, 2011
Appearance: 	Weinberg, Roger & Rosenfeld by Stewart Weinberg, Attorney, for Mendocino
County Federation
of
School Employees, American Federation
of
Teachers, Local 4345.
Before Martinez, Chair; McKeag and Huguenin, Members.
DECISION
MARTINEZ, Chair: This case is before the Public Employment Relations Board
(PERB or Board) on appeal by the Mendocino County Federation
of
School Employees,
American Federation
of
Teachers, Local 4345 (AFT)
of
a Board agent's dismissal
of
an unfair
practice charge. The charge alleges that the Mendocino County Office
of
Education violated
the Educational Employment Relations Act (EERA) 1 by failing to meet and negotiate in good
faith. The charge alleges that this conduct constituted a violation
of
EERA section 3543.5(a),
(b) and (c).
By letter dated August 17, 2011, counsel for AFT notified PERB that the parties had
reached an amicable resolution
of
the matters that formed 	basis for the unfair practice
1EERA is codified at Government Code section 3540 et seq. Unless otherwise indicated, all
statutory references herein are to the Government

charge. AFT therefore wishes to withdraw its appeal of the dismissal of the unfair practice
charge and the underlying charge.
The Board has generally permitted a charging party to withdraw an unfair practice
charge. (ABC Unified School District (1991) PERB Decision No. 83 l(b).) PERB
Regulation 326252 provides that requests for withdrawal of a charge before complaint
has issued shall be granted. (See, e.g., California State University (1990) PERB Decision
No. 848-H.)
We have reviewed the charge, the Board agent's warning and dismissal letters, the
appeal and the entire record in light of the relevant law and find that settlement of this matter is
in the best interests of the parties, effectuates the purposes of EERA and is consistent with the
Board's mission to promote harmonious labor relations. Accordingly, the Board grants AFT's
request to withdraw its appeal and the underlying charge, thereby disposing of this case in its
entirety.
ORDER
It is ORDERED that the Mendocino County Federation of School Employees,
American Federation of Teachers, Local 4345's (AFT) request to withdraw its appeal of the
dismissal of the unfair practice charge and the underlying charge in Case No. SF-CE-2871-E is
GRANTED. Therefore, AFT's appeal of the dismissal of the unfair practice charge and the
underlying charge are hereby DISMISSED in their entirety with prejudice.
Members McKeag and 	joined 	this Decision.
2 PERB regulations are codified at California Code of Regulations, title 8,
section 31001 et seq.
2