Sonoma County Junior College District (PERB A474E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
SONOMA COUNTY JUNIOR COLLEGE
DISTRICT,
Employer,
and
SERVICE EMPLOYEES INTERNATIONAL
UNION, LOCAL 1021,
Exclusive Representative.
Case No. SF-UM-790-E
PERB Order No. Ad-474
August 12, 2019
Appearances: Weinberg, Roger & Rosenfeld by Matthew Gauger, Attorney, for Service
Employees International Union, Local 1021; Erin Stagg, Associate General Counsel, Sonoma
County Junior College District.
Before Banks, Shiners, and Krantz, Members.
DECISION
KRANTZ, Member: This case is before the Public Employment Relations Board
(PERB or Board) on an appeal by Service Employees International Union, Local 1021 (SEIU)
to an administrative determination by the Office of General Counsel (OGC). In that
determination, OGC dismissed SEIU’s unit modification petition relating to the classified
bargaining unit at Sonoma County Junior College District (District).
While SEIU’s appeal was pending before the Board, the parties settled their dispute. In
the wake of that settlement, SEIU filed a written request with the Board asking to withdraw its
appeal and the underlying unit modification petition, and further asking that PERB vacate
OGC’s administrative determination in this matter. The District affirmatively notified PERB
that it did not oppose SEIU’s request.

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As part of the Board’s authority to take any action in a pending case that the Board
deems necessary to discharge its duties and effectuate the purposes of the labor relations laws
that PERB enforces, the Board has discretion to grant or deny requests to withdraw or dismiss
exceptions, appeals, and cases pending before the Board, as well as to vacate or otherwise
withdraw administrative determinations and other decisions or orders issued at any level of
PERB. (EERA, § 3541.3, subds. (i) and (n);1 City of Santa Rosa (Fire Department) (2019)
PERB Decision No. 2653-M, p. 2 (Santa Rosa); City of Hayward et al. (2019) PERB Decision
No. 2620-M, p. 4.) In this case, the Board finds SEIU’s unopposed request to be consistent
with EERA’s purpose of promoting harmonious labor relations. (Santa Rosa, supra, PERB
Decision No. 2653-M, p. 2.)
ORDER
We GRANT the request by Service Employees International Union, Local 1021 to
withdraw its appeal of the administrative determination in Case No. SF-UM-790-E, to withdraw
the underlying unit modification petition, and to vacate OGC’s administrative determination
denying that petition. We further direct that this matter is closed and that no further action be
taken in this case.
Members Banks and Shiners joined in this Decision.
1 The Educational Employment Relations Act (EERA) is codified at Government Code
section 3540 et seq.
2