Mount San Antonio Community College District (PERB A037E)

STATE
	OF
	CALIFORNIA
DECISION
	OF THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
MOUNT
	SAN
	ANTONIO 	COLLEGE 	FACULTY
ASSOCIATION,
	CTA/NEA,
Charging
	Party,
v.
MOUNT
	SAN
	ANTONIO
	COMMUNITY
	COLLEGE
DISTRICT,
Respondent.
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Case
	No. 	LA-CE-133
PERB
	Order
	No. 	Ad-37
June
	7,
	1978
_____________________
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Appearances: 	Robert
	M.
	Dohrmann,
	Attorney
	(Schwartz,
	Steinsapir,
Dohrmann
	and Krepack)
	for
	Mount 	San
	Antonio
	College
	Faculty
Association,
	CTA/NEA;
	John
	J.
	Wagner,
	Attorney
	(Wagner	
6"
Wagner)
for
	Mount 	San
	Antonio
	Connnunity
	College
	District.
Before:
	Gluck,
	Chairperson;
	Gonzales 	and 	Cossack
	Twohey, 	Members.
ORDER
	TO
	TRANSFER
AND 	REMAND
Pursuant 	to
	Board
	rule
	35018(c),
1
the
	Board
	hereby
	transfers
to
	itself
	the 	case
	of
	Mount 	San
	Antonio
	Connnunity
	College
	District,
Case 	No. 	LA-CE-133,
	in
which
	a
	proposed
	hearing
	officer 	decision
was
	issued
	May
	19, 	1978.
The
	Board
	hereby withdraws
	the 	proposed
	decision,
	and
	orders
the 	case
	remanded
	to 	the 	general 	counsel 	for 	consideration
	of
	the
effect
	of 	the 	language
	of
	Government 	Code
	section
	3543.2,
	as
amended
	September 	7, 	1977, 	which
	provides
in 	part:
3543.2.
	The
	scope
	of 	representation 	shall
	be
limited 	to 	matters 	relating
	to
	wages, 	hours 	of
employment, 	and
	other
	terms 	and
	conditions 	of
employment. 	"Terms 	and
	conditions 	of
employment" 	mean
	health
	and
	welfare 	benefits
1
california Administrative
	Code,
	tit.
	8,
	section 	35018(c),which
	states:(c) 	At 	any 	time 	the 	Board
	itself
may
	transfer
a 	case 	to 	itself,
	a 	Board member 	or 	anotherBoard 	agent.

as 	defined by 	Section 	53200, 	leave, 	transfer
and 	reassignment 	policies, 	safety 	conditions 	of
employment, 	class 	size, 	procedures 	to 	be 	used
for 	the 	evaluation 	of 	employees, 	organizational
security 	pursuant 	to 	Section 	3546, 	procedures
for 	processing 	grievances 	pursuant 	to
Sections 	3548.5, 	3548.6, 	3548.7, and 	3548.8, 	and
the 	layoff 	of 	probationary 	certificated 	school
district 	employees, 	pursuant 	to 	Section 	44959.5
of 	the 	Education 	Code ....
.
The 	general 	counsel 	has 	the 	further 	authority 	to 	reopen 	the
record 	if 	he 	deems 	such 	to 	be 	necessary.
4~fJ~al,_	~/ 	-- 	,7
Raymond 	J. 	Gonzales, 	Member
, d~L~~
Twohey, 	Memb~v