CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Withdrawal of Appeal; Request that Decision be Vacated
Single Topic for Decision A474E
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1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated
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 and dismiss cases pending before the Board itself, 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); MMBA, § 3509, subd. (a); City of Santa Rosa (Fire Department) (2019) PERB Decision No. 2653-M, p. 2.) Board found union’s unopposed request to withdraw its appeal and the underlying unit modification petition, and to vacate administrative determination pursuant to a settlement agreement between the parties, to be consistent with EERA’s purpose of promoting harmonious labor relations. Matter closed and compliance deemed complete.