Grant Joint Union High School District (Seward, et al.) (PERB 0238E)

STATE 	OF CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
LOIS SEWARD, KATHALEEN A. 	GLASKI,
HELEN GUERIN, 	PAUL HILLSLATER,
CLAIRE INGELS, 	PEARL LAWSON,
MARIBEL ANDERSON, 	JANE ROTHERMEL
AND 	SHERINE 	FRAZIN,
Charging 	Parties,
v.
GRANT 	JOINT UNION 	HIGH 	SCHOOL
DISTRICT,
Respondent.
Case No. 	S-CE-420
PERB Decision No. 	238
September 	29, 	1982
Appearances: 	Nancy B. 	Reardan, 	Attorney for Charging Parties.
Before Gluck, 	Chairperson; 	Tovar and Morgenstern, Members.
DECISION
GLUCK, 	Chairperson: 	Charging 	Parties 	appeal the hearing
officer's dismissal of 	their 	charge 	alleging 	that 	the Grant
Joint Union High 	School District 	(District) 	refuses 	to
"equalize 	salaries" 	of 	the 	adult 	education 	teachers, 	presumably
with 	those 	of 	teachers 	in 	the District.
We 	affirm 	the dismissal 	without 	leave 	to amend 	for 	the
reasons 	discussed 	below.
DISCUSSION
The 	charge 	states 	in 	relevant part:
From 	the 	inception 	of 	the Adult Education
Program Grant 	Joint 	Union 	High 	School
District 	has 	refused 	to 	pay comparable (sic)
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salary 	for 	comprable 	(sic) 	work 	to Adult
Education 	teachers. 	Although 	they meet 	and
confer 	with 	the 	collective 	bargaining 	unit,
Grant District Education Association, 	[the
District] 	continually 	refuses 	to 	recognize
the 	equality 	of 	work 	duties 	and 	thus,
refuses 	to equalize 	salaries.
Whatever 	the Charging Parties' 	intent, 	we cannot 	interpret
the 	language 	of 	this charge 	as 	demonstrating 	that 	the District
refused 	to consider 	proposals 	on equal pay 	(or 	otherwise
violated 	any 	other 	section 	of 	the Educational Employment
Relations Act 	(EERA)),1 particularly 	in view of 	the 	fact 	that
the 	hearing 	officer 	gave 	the 	parties 	an opportunity 	to 	supply
the 	requisite 	facts 	which 	would 	support 	a prima 	facie 	violation,
Because 	the 	hearing 	officer's 	dismissal with 	leave 	to 	amend
put 	the 	Charging 	Parties 	on 	notice 	of 	the 	deficiencies 	in 	their
pleading, 	it 	is 	unnecessary 	to afford 	them yet 	another
opportunity 	to perfect 	their 	charge.
ORDER
The charge 	filed by Lois Seward, 	et 	al. 	against 	the Grant
Joint 	Union High 	School 	District 	is 	hereby 	DISMISSED 	without
leave 	to amend.
Members 	Tovar 	and 	Morgenstern 	concurred.
1The 	EERA 	is 	codified 	at 	Government Code 	section 	3540 	et,
seq.
N	
2