San Ramon Valley Unified School District (PERB A212E)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT RELATIONS 	BOARD
SAN 	RAMON VALLEY 	UNIFIED 	SCHOOL
DISTRICT,
Charging 	Party,
V.
SAN 	RAMON VALLEY 	EDUCATION
ASSOCIATION, 	CTA/NEA,
Respondent.
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Case 	No. 	SF-CO-394
Stay 	of 	Hearing
PERB 	Order 	No. 	Ad-212
September 	10, 	1990
Before 	Hesse, 	Chairperson; 	Shank 	and 	Camilli, 	Members.
ORDER
HESSE, 	Chairperson: 	This 	case 	is 	before 	the 	Public
Employment 	Relations 	Board 	(Board) 	on 	appeal 	by 	the 	San 	Ramon
Valley 	Education Association, 	CTA/NEA 	(Association) 	from 	an
administrative 	law 	judge's 	(ALJ) 	refusal 	to 	dismiss 	a 	complaint,
filed 	by 	the 	San Ramon 	Valley 	Unified 	School 	District 	(District),
and 	defer 	the 	underlying 	unfair 	practice 	charge 	to 	final 	and
binding 	arbitration. 	A hearing 	on 	the 	unfair 	practice 	charge 	is
scheduled 	to 	begin 	on 	September 	27, 	1990;
Following 	the 	issuance 	of 	the 	ALJ's 	ruling 	on 	its 	Motion 	to
Dismiss 	Complaint 	and 	Defer 	to 	Binding Arbitration, 	the
Association 	filed 	a 	timely 	appeal 	of 	the 	decision 	and 	a 	request
for 	a 	stay 	of 	the 	unfair 	practice 	charge 	hearing 	in 	accordance
with 	Regulations 	32646(b) 	and 	32370. 1 However, 	the 	filings 	of
the 	appeal, 	request 	for 	stay 	and 	responses 	thereto, 	will 	not 	be
1PERB 	Regulations 	are 	codified 	at 	California 	Administrative
Code, 	title 	8, 	section 	31001 	et 	seq.

complete 	and 	before 	the 	Board 	until 	September 	21, 	1990. 2 A 	stay
of 	the 	hearing 	pending 	the 	outcome 	of 	this 	appeal 	is 	therefore
appropriate 	in 	that 	the 	hearing 	will 	be 	unnecessary 	should 	the
Board 	reverse 	the 	ALJ's 	ruling 	in 	Case 	No. 	SF-CO-394.
In 	the 	interest 	of 	economy, 	the 	Board, 	on 	its 	own 	motion,
ORDERS 	that 	the 	hearing 	in 	San 	Ramon Valley 	Unified 	School
District, 	Case 	No. 	SF-CO-394, 	be 	STAYED 	pending 	the 	Board's
decision 	on 	the 	Association's 	appeal 	of 	the 	ALJ's 	denial 	of 	its
Motion 	to 	Dismiss 	Complaint 	and 	Defer 	to 	Binding Arbitration.
Members 	Shank 	and 	Camilli 	participated 	in 	this 	Decision.
2If 	the 	District 	mails 	a 	response 	by 	certified 	mail 	on
Friday, 	September 	21, 	1990, 	the 	Board 	may 	not 	receive 	the
response 	until 	the 	week 	the 	hearing 	is 	scheduled. 	(See
Regulation 	32135.)
2