Fontana Unified School District (PERB A157EA)

STATE
	OF
	CALIFORNIA
DECISION
	OF
	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
FONTANA
	CLASSIFIED
	EMPLOYEES
ASSOCIATION/NEA
Employee
	Organization,
APPELLANT,
and
UNITED 	STEEL
	WORKERS
	OF
	AMERICA,
AFL/CIO,
Employee
	Organization,
and
FONTANA
	UNIFIED
	SCHOOL
	DISTRICT,
Employer.
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___________________ )
Case
	No.
	LA-D-176
Administrative
	Appeal
PERB
	Order
	No.
	Ad-157a
November 	6, 	1987
ON 	REMAND 	FROM
	THE
CALIFORNIA
	COURT
	OF
APPEAL,
	FOURTH
	DISTRICT
Before
	Hesse,
	Chairperson;
	Porter,
	Craib
	and 	Cordoba, 	Members.
DECISION
CRAIB,
	Member:
	This
	case
	is
	before 	the 	Public
	Employment
Relations
	Board
	(PERB
	or
	Board) 	on 	remand 	from
	the
	California
Court
	of
	Appeal, 	Fourth
	District.
	On
	July
	31, 	1986,
	the
	Board
issued
	PERB
	Order
	No.
	Ad-157,
	upholding
	an
	administrative
decision
	by
	the 	Board's 	executive
	director 	rejecting
	as
untimely
	an
	appeal 	of
	a
	Board
	agent's 	dismissal 	of
	a
decertification 	petition 	filed
	by
	the 	Fontana
	Classified
Employees 	Association/NEA
	(Association).
On
	August 	26, 	1987,
	the 	Fourth
	District
	Court 	of 	Appeal,
	in
an 	unpublished 	decision, 	concluded
	that 	the 	Association's
appeal 	of 	the 	dismissal
	was
	timely 	filed. 	Accordingly, 	the

Court
	vacated
	PERB
	Order
	No.
	Ad-157
	and 	remanded
	the 	case
	to
the
	Board.
	We
	are,
	of
	course,
	bound
	by
	the
	Court's
	decision
with
	respect
	to
	the 	matter
	presently
	before
	us.
	Consequently,
we
	will
	order
	that
	the 	executive
	director
	accept 	as
	timely 	the
Association's
	appeal 	of
	the
	Board
	agent's
	dismissal
	of
	its
decertification 	petition.
ORDER
Pursuant
	to
	the
	direction
	of 	the
	California
	Court
	of
Appeal, 	Fourth
	District,
	Case
	Number
	E003458,
	the 	executive
director
	of 	the
	Public
	Employment
	Relations
	Board
	is
	hereby
ORDERED
	to
	accept
	as
	timely
	filed
	the
	Fontana
	Classified
Employees
	Association/NEA's 	appeal 	of 	the
	Board
	agent's
dismissal
	of
	its
	decertification 	petition
	in
	PERE
	Case
	No.
LA-D-176.
Chairperson
	Hesse 	and
	Members
	Porter
	and 	Cordoba
	joined
	in
	this
Decision.
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