California School Employees Association-Chapter #302 (Lauer) (PERB 0809E)

STATE 	OP 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
MARIAN 	LAUER,
Charging 	Party,
V.
CALIFORNIA 	SCHOOL 	EMPLOYEES
ASSOCIATION AND 	ITS 	CHAPTER #302,
Respondent.
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Case No. 	SF-CO-363
PERB Decision No. 	809
June 4, 	1990
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Before Hesse, 	Chairperson; 	Craib and Camilli, 	Members.
DECISION AND 	ORDER
HESSE, 	Chairperson: 	This case is before the Public
Employment Relations 	Board 	(PERB or Board) 	on appeal 	of 	a
dismissal by a 	Board 	agent 	of 	an unfair practice 	charge. 	Marian
Lauer alleges 	that 	the 	California 	School 	Employees 	Association
and 	its 	Chapter #302 	violated 	sections 	3543.6(b) 	and 	3544.9 	of
the Educational Employment Relations Act 	(EERA)1 by coercing,
restraining 	and 	otherwise 	discouraging 	her 	from 	exercising 	her
rights 	to 	independent representation.
On May 30, 	1990, 	the PERB General Counsel requested that
this 	case be remanded for 	further 	investigation. 	The 	Board has
adopted 	a procedure whereby 	the General 	Counsel 	conducts 	a
routine 	review of 	cases 	dismissed by Board agents. 	As 	the 	Board
noted 	in response to 	a 	similar request 	in California 	State
--	Employee 	--	 	s Association 	(Morrow) 	(1986) 	PERB Decision No. 	568-S,
the purpose of the review procedure 	is 	to minimize, 	and hopefully
1EERA 	is 	codified at Government Code 	section 	3540 	et 	seq.
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reduce, 	appellate 	litigation prompted by 	inadequacies 	in the
processing of unfair practice 	charges. 	The request 	for remand
reflects 	the 	General 	Counsel's 	reasoned 	conclusion that 	further
investigation would 	serve 	that purpose. 	We 	conclude 	that 	the
request 	for 	remand be 	granted.
Therefore, 	upon review of the entire record, 	the Board
ORDERS 	that Case No. 	SF-CO-363 	be REMANDED to the General Counsel
for 	further 	investigatory proceedings.
Members 	Craib and Camilli 	joined 	in this 	Decision.
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