Sanger Unified School District (PERB 0837E)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
e
SANGER 	UNIFIED 	TEACHERS
ASSOCIATION, 	CTA/NEA
Charging 	Party,
v.
SANGER UNIFIED 	SCHOOL DISTRICT
Respondent.
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) 	Case No. 	S-CE-1356
PERB Decision No. 	837
September 	11,1990
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Before Hesse, 	Chairperson; 	Shank and Cunningham, 	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. 	The
Sanger Unified Teachers Association, 	CTA/NEA 	(Association)
alleges 	that 	the 	Sanger 	Unified 	School 	District 	(District)
violated sections 	3543.5 	(b), 	(c) 	and 	(e) 	of the Educational
Employment Relations Act 	(EERA)1 by engaging in regressive
bargaining.
The 	PERB General Counsel 	has 	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 eliminate,
1EERA 	is 	codified at Government Code 	section 	3540 	et 	seq.
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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 	should be 	granted.
Therefore, 	upon review of the entire record, 	the Board
ORDERS 	that Case No. 	S-CE-1356 	be 	REMANDED to 	the 	General 	Counsel
for 	further 	investigatory proceedings.
Members 	Shank and Cunningham 	joined 	in this 	Decision.
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