Alhambra School District (PERB 0491E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
ALHAMBRA TEACHERS ASSOCIATION,
CTA/NEA ,
Charging Party,
V .
ALHAMBRA SCHOOL DISTRICT,
Respondent.
Case No. LA-CE-1955
PERB Decision No. 491
March 1, 1985
Appearances: Michael R. White for Alhambra Teachers
Association, CTA/NEA; O'Melveny & Myers by Catherine B. Hagen
for Alhambra School District.
Before Hesse, Chairperson; Jaeger and Morgenstern, Members.
DECISION
JAEGER, Member : 	The General Counsel has requested that
this matter be remanded to him for further action. Based upon
the record and the General Counsel's report to the Board, it is
hereby ORDERED that this case be remanded to the General
Counsel for further action consistent with the provisions of
Regulation 32620.1 1
Member Morgenstern joined in this Decision.
Chairperson Hesse's dissent begins on page 2.
1public Employment Relations Board Regulations are
codified at California Administrative Code, title 8, section
31001, et seq.
ALHAMBRA
CTA/NEA,
STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
. 	PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
TEACHERS 	ASSOCIATION, 	)
)
Charging 	Party, 	) 	Case 	No. 	LA-CE-1955
)
v. 	) 	PERB 	Decision 	No. 	491
)
ALHAMBRA 	SCHOOL 	DISTRICT, 	) 	March 	1, 	1985
)
Respondent. 	)
)
Appearances: 	Michael 	R. 	White 	for 	Alhambra 	Teachers
Association, 	CTA/NEA; 	O'Melveny 	& Myers 	by 	Catherine 	B. 	Hagen
for 	Alhambra 	School 	District.
Before 	Hesse, 	Chairperson; 	Jaeger 	and 	Morgenstern, 	Members.
DECISION
JAEGER, 	Member: 	The 	General 	Counsel 	has 	requested 	that
this 	matter 	be 	remanded 	to 	him 	for 	further 	action. 	Based 	upon
the 	record 	and 	the 	General 	Counsel's 	report 	to 	the 	Board, 	it 	is
hereby 	ORDERED 	that 	this 	case 	be 	remanded 	to 	the 	General
Counsel 	for 	further 	action 	consistent 	with 	the 	provisions 	of
Regulation 	32620.
Member 	Morgenstern 	joined 	in 	this 	Decision.
Chairperson 	Hesse's 	dissent 	begins 	on 	page 	2.
,
~Public 	Employment 	Relations 	Board 	Regulations 	are
codified 	at 	California 	Administrative 	Code, 	title 	8, 	section
31001, 	et 	seq.

N
Hesse, Chairperson, dissenting: I dissent. Remanding to
the General Counsel for further investigation is not only
unnecessary, it is time consuming and will cause the parties
and this agency to expend an unknown amount of resources on a
case that should be dismissed now. 	The record amply supports a
finding that the employer's action on September 27, 1983,
affected only benefits of current retirees and not future
retirement benefits for active employees. As retirees are not
considered employees under the Educational Employment Relations
Act (see San Leandro Unified School District (12/6/84) PERB
Dec. No. 450), and as I find no ambiguity in the record that
necessitates a remand for further investigation, I dissent from
the majority opinion.
Hesse,
	Chairperson,
	dissenting:
	I
	dissent.
	Remanding
	to
the
	General
	Counsel
	for
	further 	investigation
	is
	not 	only
unnecessary,
	it
	is
	time
	consuming 	and
	will
	cause
	the
	parties
and
	this
	agency
	to
	expend
	an
	unknown
	amount
	of 	resources
	on
	a
case
	that
	should
	be
	dismissed
	now. 	The
	record
	amply
	supports
	a
finding
	that
	the 	employer's
	action
	on
	September 	27, 	1983,
affected
	only
	benefits
	of
	current
	retirees
	and
	not
	future
retirement
	benefits
	for
	active
	employees.
	As
	retirees
	are 	not
considered
	employees 	under
	the 	Educational
	Employment
	Relations
Act
	(see
	San
	Leandro
	Unified
	School
	District
	(12/6/84)
	PERB
Dec.
	No.
	450),
	and
	as
	I
	find
	no
	ambiguity
	in 	the 	record
	that
necessitates
	a
	remand
	for
	further 	investigation,
	I
	dissent
	from
the 	majority 	opinion.
2