Gridley Union High School District (PERB A182E)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT RELATIONS 	BOARD
GRIDLEY 	UNION 	HIGH 	SCHOOL
TEACHERS ASSOCIATION, 	CTA/NEA,
Charging 	Party,
v.
GRIDLEY 	UNION 	HIGH 	SCHOOL
DISTRICT,
Respondent.
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) 	Case No . 	S-CE-1112
PERB Order No. Ad-182
May 	16, 1939
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Appearances: 	California Teachers Association by Diane Ross,
Attorney, 	for the Gridley Union High School 	Teachers Association,
CTA/NEA; 	Kronick, 	Moskovitz, 	Tiedemann & Girard by Robert Galgani
for 	the Gridley Union High School 	District.
Before Hesse, 	Chairperson; 	Porter and Shank, 	Members.
ORDER
SHANK, 	Member: 	Following the 	issuance of a proposed
decision by an administrative 	law judge 	(ALJ) 	of the Public
Employment Relations Board 	(Board), 	the Gridley Union High
School Teachers Association, 	CTA/NEA 	(Association), 	pursuant to
1The ALJ 	dismissed that portion of 	the 	complaint 	alleging 	a
failure to negotiate 	in violation of 	section 3543.5(c) 	of the
Educational 	Employment Relations Act 	(EERA) 	and 	found that 	the
District violated 	section 	3543.5(a) 	by 	its 	interference with Mr.
Hall's protected right to 	representation. 	The ALJ 	concluded 	that
there was 	insufficient evidence to 	find a violation of 	section
3543.5(b).
EERA is 	codified at 	Government Code 	section 	3540 	et 	seq.
Unless 	otherwise 	indicated, 	all 	statutory references 	are to the
Government Code.
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Regulation 	32300,2 filed timely 	exceptions 	to the ALJ's 	dismissal
of the 	section 3543.5(c) 	allegation. 	Thereupon, 	the Gridley
Union High School District 	(District), 	pursuant to Regulation
32310, 	filed a timely response to the Association's 	exceptions,
wherein 	the 	District 	also 	excepted 	to 	certain 	findings 	of 	the ALJ
in connection with the dismissed 	section 	3543.5(c) 	allegation.
Subsequent to these 	filings, 	the Association filed a withdrawal
of 	its appeal. 	The District, 	however, 	has 	elected to leave its
exceptions 	pending before 	the Board. 	Inasmuch as 	the District
did 	not 	appeal 	the ALJ's 	finding of 	a 	section 	3543.5(a)
violation, 	and the Association has withdrawn its 	appeal 	of 	the
ALJ's dismissal of the section 3543.5(c) 	allegation, 	the Board
hereby ORDERS 	that the 	exceptions 	of 	the Gridley Union High
School 	Teachers Association, 	CTA/NEA and the Gridley Union High
School 	District 	are 	DISMISSED.
Chairperson Hesse 	and Member Porter 	joined 	in this 	Decision.
2PERB 	regulations 	are 	codified 	at 	California Administrative
Code, 	title 8, 	section 31001 et seq.
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