Washington Teachers Association (McFarland) (PERB A208E)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
MARY 	MCFARLAND,
Charging 	Party,
v.
WASHINGTON 	TEACHERS 	ASSOCIATION,
Respondent.
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Case 	No. 	s-co-210
PERB 	Order 	No. 	Ad-208
June 	4, 	1990
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Appearance: 	Pacific 	Legal 	Foundation 	by 	Michael 	L. 	Faber,
Attorney, 	for 	Mary 	McFarland.
Before 	Hesse, 	Chairperson; 	Camilli 	and 	Cunningham, 	Members.
DECISION AND 	ORDER
HESSE, 	Chairperson: 	This 	is 	an 	appeal 	filed 	by 	Mary
McFarland 	(McFarland) 	of 	a 	regional 	attorney's 	notification 	to
the 	above-captioned 	parties 	that 	Case 	No. 	S-CO-120 	had 	been
placed 	in 	abeyance 	until 	such 	time 	as 	the 	Public 	Employment
Relations 	Board 	(PERB 	or 	Board) 	issued 	its 	decision 	in 	San 	Ramon
Valley 	Education 	Association 	(Abbot) 	Case 	Nos. 	SF-CO-304 	and
SF-CO-309 	(see 	(1990) 	PERB 	Decision 	No. 	802), 	and/or 	until 	the
constitutionality 	of 	the 	Board's 	agency 	fee 	appeal 	procedure
regulations 	were 	ruled 	on by 	the 	Sacramento 	County 	Superior
Court. 	McFarland 	subsequently 	requested 	the 	Board 	remand 	this
case 	to 	the 	Board 	agent 	to 	proceed with 	the 	investigation 	of 	the
charge.
Just 	as 	the 	Board 	agent 	does 	not 	need 	specific 	authority 	to
dismiss 	a 	case 	before 	a 	hearing 	(see 	Washington 	Unified 	School
Di strict 	( Mc Far 1 and ) 	( 1 9 8 5 ) 	PE RB 	Dec i s ion 	No . 	5 4 9 , 	p . 	1 0 ) ,

neither 	does 	a 	Board 	agent 	need 	specific 	authority 	to 	follow 	the
Board's 	direction 	to 	place 	a 	case 	in 	abeyance 	pending 	resolution
of 	litigation 	tnvolving 	the 	same 	or 	similar 	issues. 	The
Legislature 	granted 	the 	Board 	broad 	powers 	with 	regard 	to
processing 	unfair 	practice 	charges. 1 Accordingly, 	we 	hold 	the
Board 	agent 	has 	discretionary 	authority 	to 	determine 	whether 	to
proceed with 	the 	investigation. 	The 	Board 	considers 	the 	actions
of 	the 	Board 	agent 	to 	be 	administratively 	efficient 	and 	in
furtherance 	of 	the 	purpose 	for 	which 	PERB 	was 	created.
It 	is 	hereby 	ORDERED 	that 	Case 	No. 	S-CO-210 	is 	REMANDED 	to
the 	General 	Counsel.
Members 	Camilli 	and 	Cunningham 	joined 	in 	this 	Decision.
1Educational 	Employment 	Relations 	Act 	section 	3541.3
provides, 	in 	pertinent 	part:
The 	board 	shall 	have 	all 	of 	the 	following
powers 	and 	duties:
(i) 	To 	investigate 	unfair 	practice 	charges
or 	alleged 	violations 	of 	this 	chapter, 	and
take 	such 	action 	and 	make 	such 	determinations
in 	respect 	of 	these 	charges 	or 	alleged
violations 	as 	the 	board 	deems 	necessary 	to
effectuate 	the 	policies 	of 	this 	chapter.
(n) 	To 	take 	such 	other 	action 	as 	the 	board
dee~s 	necessary 	to 	discharge 	its 	powers 	and
duties 	and 	otherwise 	to 	effectuate 	the
purposes 	of 	this 	chapter.
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