Butte Community College District (PERB A198E)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT RELATIONS 	BOARD
BUTTE 	COUNTY 	PART-TIME 	FACULTY
ASSOCIATION/COMMUNICATION WORKERS
OF 	AMERICA,
Petitioner,
v.
BUTTE 	COMMUNITY 	COLLEGE 	DISTRICT,
Employer.
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Case 	No. 	S-R-836
Administrative 	Appeal
PERB 	Order 	No. 	Ad-198
November 	1, 	1989
Appearance: 	Brown 	and 	Conradi 	by William 	E. 	Brown, 	Attorney, 	for
Butte 	Community 	College 	District.
Before 	Hesse, 	Chairperson; 	Porter 	and 	Shank, 	Members.
DECISION
HESSE, 	Chairperson: 	Following 	the 	issuance 	of 	a 	proposed
decision by 	an 	agent 	of 	the 	Public 	Employment 	Relations 	Board
(PERB 	or Board), 	the 	Butte 	Community 	College 	District 	(District),
pursuant 	to 	Regulation 	32300, 1 filed 	timely 	exceptions 	to 	the
Board 	agent 1 s 	determination 	that 	a 	separate 	unit 	of 	part-time
faculty 	was 	appropriate. 	The 	Butte 	County 	Part-time 	Faculty
Association/CWA 	did 	not 	file 	exceptions 	or 	a 	response 	to 	the
District's 	exceptions. 	Thereafter, 	the 	parties 	entered 	into 	a
proposed 	settlement 	agreement 	and 	the 	Sacramento 	Regional
Director requested 	that 	the 	matter 	be 	remanded 	for 	further
proceedings. 	The 	Board 	remanded 	the 	matter 	and 	held 	the
exceptions 	to 	the 	proposed 	decision 	in 	abeyance. 	(Butte
1PERB 	Regulations 	are 	codified 	at 	California 	Administrative
Code, 	title 	8, 	section 	31001 	et 	seq.

Community 	College 	District 	(1989) 	PERB 	Order 	No. 	Ad-196.)
Pursuant 	to 	the 	proposed 	settlement 	agreement, 	the 	District 	filed
a 	withdrawal, 	with 	prejudice, 	of 	its 	exceptions 	to 	the 	proposed
decision. 	The 	Board 	has 	considered 	the 	request 	for 	withdrawal
and 	concurs 	that 	a 	withdrawal 	is 	in 	the 	best 	interest 	of 	the
parties 	and 	is 	consistent 	with 	the 	purposes 	of 	the 	Educational
Employment 	Relations 	Act 	section 	3540 	et 	seq. 	Accordingly, 	the
Board 	grants 	the 	District's 	request 	to 	withdraw, 	with 	prejudice,
its 	exceptions 	to 	the 	proposed 	decision.
ORDER
IT 	IS 	HEREBY 	ORDERED 	that 	the 	exceptions 	to 	the 	Board
agent's 	determination 	in 	Case 	No. 	S-R-836 	are 	WITHDRAWN WITH
PREJUDICE.
Members 	Porter 	and 	Shank 	joined 	in 	this 	Decision.
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