PERB Order No. A013E•El Centro School District (PERB A013E)
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STAIB OF CALIFORNIA DECISION OF THE EDUQWIONAL EMPT.DYMENT RELATIONS BOARD In the Matter of the Administrative Appeal EL CENTRO SCHOOL DISTRICT Employer, and EL CEl.'1TRO ELEMENTARY TEACHERS ASSOCIATICN, CTA/NEA Employee Organization, Case No. LA-R-579 LA-UC-5 EERB Order No. Ad-13 September 28, 1977 APPELLANT. ) ) ) ) ) ) ) ) ) ) ) ) ) -------------------- ORDER The dismissal by the Los Angeles Regional Director of the petition for a change in unit detennination submitted by the El Centro Elementary Teachers Association, CTA/NEA, in the above-cited case, is sustained by the Board itself. The Board finds that the Regional Director has correctly applied EERB Resolution No. 6, issued on July 6, 1976. Educational Employment Relations Board by' L ~ ()~ ._ (5 ~ ~ STEPHEN BARBER Executive Assistant to the Board 9/28/77 Jerilou H. Cossack, Member, concurring: I concur with the majority's de..nial of t..he appeal in this case, although not for the reason relied upon by the majority. The facts of this case, unlike those of Lafayette Unified School District, EERB Decision No. AD-12, Septerrber 28, 1977, do not warrant entertaining the unit clarification petition filed by El Centro Elenentary Teachers Association.
I believe that an administrative agency, as Justice Tobr:iner writing for the Califomia SupreIIE Court stated, ''nn.Jst set forth findings to bridge the analytic gap between the nI!il evidence and ultimate decision or order.... .Am:mg other functions a findings requirenent serves to conduce the admin:istrati ve body to draw legally relevant subconclusions supportive of its ultimate decision; the intended effect is to facilitate orderly analysis and m:inimi.ze the likelihood that the agecmy will randomly leap from evidence to conclusions. . . . They also serve a public relations function by helping to persuade the parties that administra- tive decision-making is careful, reasoned, and equitable." Topanga Assn. v. County of Los Angeles, 11 Cal. 3d 506, 113 Cal. R:ptr. 836 (1974) . This is especially true here if this case is read in conjunction with Lafayette, supra. However, a majority of th~ Board has elected not to set forth its findings of fact and con- clusions of law. It would be an exercise in futility for rre, as one member, to do so, since neither the parties nor any reviewing court could rely upon one irenber' s opinion as accurately reflecting the reasoning of the Board as a whole. -2-
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