PERB Order No. A210H•Regents of the University of California (Veldhuizen and Shyne) (PERB A210H)
Regents of the University of California (Veldhuizen and Shyne) (PERB A210H)
PERB Order No. A210HCalperb20.06.1990
Gesamter Gesetzestext
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD LUDY M. VELDHUIZEN AND ANNE C. (CILE) SHYNE, Charging Party, V. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, Respondent. ) ) ) ) ) ) ) ) ) ) ) Case No. S-CE-44-H Administrative Appeal PERB Order No. Ad-210-H June 20, 1990 ____________________ ) Appearances: Kevin s. Robinson, Attorney, for Ludy M. Veldhuizen .and Anne C. (Cile) Shyne; Claudia Cate, Attorney, for The Regents of the University of California. Before Hesse, Chairperson; Craib and Shank, Members. DECISION SHANK, Member: This case is before the Public Employment Relations Board (PERB or Board) on appeal by The Regents of the University of California (University) of the administrative law judge's (ALJ) denial of the University's motion to quash the complaint. The University's motion is predicated on its assertion that the charge was untimely filed. The University also filed a request for stay of the unfair practice hearing, pursuant to PERB Regulation 32370, 1 requesting that PERB stay the 1PERB Regulations are codified at California Administrative Code, title 8, section 31001 et seq. Section 32370 states in pertinent part: Parties seeking a stay of any activity may file a request for a stay with the administrative appeal which shall include all pertinent facts and justification for the request. The Board may stay the matter, except as is otherwise provided in these regulations.
unfair practice hearing in the instant case, which hearing is currently scheduled for five days beginning June 25. PERB Regulation 32190, subdivision (f) provides that: "Rulings on motions shall not be appealable except as specified in sections 32200 and 32646." 2 PERB Regulation 32200 provides, in pertinent part, as follows: A party may object to a Board agent's interlocutory order or ruling on a motion and request a ruling by the Board itself .. The Board agent may refuse the request, or may join in the request and certify the matter to the Board. The Board itself will not accept the request unless the Board agent joins in the request. The Board agent may join in the request only where all of the following apply: (a) The issue involved is one of law; (b) The issue involved is controlling in the case; (c) An immediate appeal will materially advance the resolution of the case. (Emphasis added.) On May 22, 1990, the ALJ, who denied the University's motion to quash the complaint, declined to join the University's interlocutory appeal because he did not believe an immediate appeal would materially advance the resolution of this case. Since the ALJ has refused to join in the instant appeal, the Board is precluded by Regulation 32200 from granting the University's request that it review the ALJ's denial of its 2PERB Regulation 32646 does not apply here. 2
motion to quash the complaint. 3 Having disposed of the appeal, we also deny the University 1 s request for stay of the unfair practice hearing. ORDER The Board DENIES the University's appeal of the Boa1d agent 1 s order and request that the Board agent certify the appeal, DENIES the University's request for stay of the unfair practice hearing, and INSTRUCTS the ALJ to proceed with the hearing. Chairperson Hesse and Member Craib joined in this Decision. 3see State of California (Department of Water Resources. Department of Developmental Services) (1981) PERB Order No. Ad- 122-S, page 4. Board restricted discussion to issues which had been certified by hearing officer. 3
Was bedeutet dieser Text für Ihre Situation?
Kostenlose und unverbindliche Beratung
Schildern Sie uns Ihre Situation. Unser Team meldet sich per E-Mail bei Ihnen für Ihre Beratung.
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.