Hayward Unified School District (PERB 1454E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
ASSOCIATION OF EDUCATIONAL OFFICE
AND TECHNICAL EMPLOYEES, NEA,
Charging Party,
V.
HAYWARD UNIFIED SCHOOL DISTRICT,
Respondent.
Case No. SF-CE-2183-E
PERB Decision No. 	1454
July 	27, 	2001
Appearances: 	California Teachers Association by Priscilla Winslow, Attorney, for Association
of Educational Office and Technical Employees, NEA; Schools Legal Counsel by Ralph Stem,
Attorney, for Hayward Unified School District.
Before Amador, Baker and Whitehead, Members.
DECISION
AMADOR, Member: This case comes before the Public Employment Relations Board
(PERB or Board) on an appeal filed by the Association of Educational Office and Technical
Employees, NEA (Association) to a Board agent's partial dismissal of the Association's unfair
practice charge.
By letter dated June 4, 2001, the Association informed PERB that the parties had
reached a favorable settlement and attached a copy of that agreement, which was executed by
representatives for the Association and the Hayward Unified School District (District). 	A copy
of this letter and attachment was served on the District.

Paragraph 5 of the parties' agreement stated that:
Upon execution of this agreement by both parties, the
[Association] will withdraw with prejudice the complaint
in PERB Charge No. SF-CE-2183, including its Appeal of
the Partial Dismissal and Refusal to Issue a Complaint on
that charge.
The Board takes administrative notice of the fact that the unfair practice charge and
complaint in Case No. SF-CE-2183 have been withdrawn by the Association. Therefore, it is
only the appeal of the partial dismissal that is before the Board.
After reviewing the entire record and the parties' settlement agreement, the Board finds
the Association's request to withdraw its appeal of the partial dismissal is in the best interests
of the parties and is consistent with the purposes of the Educational Employment Relations Act
(EERA). 1
ORDER
Accordingly, it is hereby ORDERED that the appeal of the partial dismissal and refusal
to issue a complaint in Case No. SF-CE-2183 is WITHDRAWN WITH PREJUDICE.
Members Baker and Whitehead joined in this Decision.
1 BERA is codified at Government Code section 3540 et seq.
2