Decision 1436E – Orange Unified School District

LA-CO-805-E; LA-CO-806-E

Decision Date: May 16, 2001

Decision Type: PERB Decision

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Perc Vol: 25
Perc Index: 32069

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated

Regulation 32320 gives the Board broadly worded authority to dispose of a case in any fashion it deems appropriate. Thus, the Board clearly has discretion to allow the withdrawal of a charge and complaint and to vacate the underlying proposed decision. A common sense approach is applied. Where it is clear that the parties have settled their dispute over the essential element of controversy that gave rise to the filing of the unfair practice charges, it effectuates the purposes of the EERA to grant the request to withdraw the charges and complaints and to vacate the proposed decision.