San Diego County Office of Education (PERB A213E)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
CALIFORNIA 	SCHOOL 	EMPLOYEES
ASSOCIATION AND 	ITS 	CHAPTER 	#568,
Charging 	Party,
v.
SAN 	DIEGO 	COUNTY 	OFFICE 	OF
EDUCATION,
Respondent.
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Case 	No. 	LA-CE-2894
Stay 	of 	Hearing
PERB 	Order Ad-213
September 	18, 	1990
Before 	Hesse, 	Chairperson; 	Camilli 	and 	Cunningham, 	Members.
ORDER
CAMILLI, 	Member: 	This 	matter 	is 	before 	the 	Public
Employment 	Relations 	Board 	(Board) 	on 	appeal 	by 	the 	San 	Diego
County 	Office 	of 	Education 	(San 	Diego 	COE) 	from 	an 	administrative
law 	judge's 	(ALJ) 	denial 	of 	a 	motion 	to 	dismiss 	a 	complaint 	and
defer 	the 	underlying 	unfair 	practice 	charge 	to 	final 	and 	binding
arbitration, 	and 	on 	a 	motion 	requesting 	a 	stay 	of 	hearing. 	The
hearing 	in 	this 	matter 	is 	scheduled 	to 	commence 	on 	September 	20
and 	21, 	1990.
On August 	29, 	1990, 	the 	ALJ 	issued 	an 	Order 	Denying
Respondent's 	Motion 	to 	Dismiss 	Complaint. 	The 	San 	Diego 	COE
filed 	a 	timely 	appeal 	of 	that 	Order, 	and 	a 	Request 	for 	Stay 	of
Hearing 	on 	the 	unfair 	practice 	charge, 	in 	accordance 	with
Regulations 	32646(b) 	and 	32370. 1 However, 	the 	filings 	of 	the
appeal, 	request 	for 	stay 	and 	responses 	thereto, 	may 	not 	be
1PERB 	Regulations 	are 	codified 	at 	California 	Administrative
Code, 	title 	8, 	section 	31001 	et 	seq.

complete 	and 	before 	the 	Board 	until 	October 	9, 	1990, 	depending
upon 	the 	method 	of 	service 	used. 2 A stay 	of 	the 	hearing 	pending
the 	outcome 	of 	this 	interlocutory 	appeal 	is 	therefore 	appropriate
in 	that 	the 	hearing 	will 	be 	unnecessary 	should 	the 	Board 	reverse
the 	ALJ 1 s 	ruling 	in 	Case 	No. 	LA-CE-2894.
In 	the 	interest 	of 	economy, 	the 	Board, 	on 	its 	own 	motion,
ORDERS 	that 	the 	hearing 	in 	San 	Diego 	County 	Office 	of 	Education,
Case 	No. 	LA-CE-2894, 	be 	STAYED 	pending 	resolution 	of 	San 	Diego
COE 1 s 	appeal 	of 	the 	ALJ 1 s 	denial 	of 	its 	Motion 	to 	Dismiss 	and
Defer 	to 	Arbitration.
Chairperson 	Hesse 	and 	Member 	Cunningham 	participated 	in 	this
Decision.
2Under 	PERB 	Regulation 	32635(c), 	the 	California 	School,
Employees 	Association 	and 	its 	Chapter 	#568 	has 	20 	days 	following
the 	date 	of 	service 	of 	the 	appeal 	to 	file 	a 	statement 	in
opposition 	to 	the 	appeal 	with 	the 	Board 	itself. 	The 	appeal 	was
served 	on 	September 	11, 	1990.
2