Regents of the University of California (Veldhuizen and Shyne) (PERB A210H)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
LUDY 	M. 	VELDHUIZEN AND 	ANNE 	C.
(CILE) 	SHYNE,
Charging 	Party,
V.
THE 	REGENTS 	OF 	THE 	UNIVERSITY
OF 	CALIFORNIA,
Respondent.
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Case 	No. 	S-CE-44-H
Administrative 	Appeal
PERB 	Order 	No. 	Ad-210-H
June 	20, 	1990
____________________ )
Appearances: 	Kevin 	s. 	Robinson, 	Attorney, 	for 	Ludy 	M. 	Veldhuizen
.and 	Anne 	C. 	(Cile) 	Shyne; 	Claudia 	Cate, 	Attorney, 	for 	The 	Regents
of 	the 	University 	of 	California.
Before 	Hesse, 	Chairperson; 	Craib 	and 	Shank, 	Members.
DECISION
SHANK, 	Member: 	This 	case 	is 	before 	the 	Public 	Employment
Relations 	Board 	(PERB 	or 	Board) 	on 	appeal 	by 	The 	Regents 	of 	the
University 	of 	California 	(University) 	of 	the 	administrative 	law
judge's 	(ALJ) 	denial 	of 	the 	University's 	motion 	to 	quash 	the
complaint. 	The 	University's 	motion 	is 	predicated 	on 	its
assertion 	that 	the 	charge 	was 	untimely 	filed. 	The 	University
also 	filed 	a 	request 	for 	stay 	of 	the 	unfair 	practice 	hearing,
pursuant 	to 	PERB 	Regulation 	32370, 1 requesting 	that 	PERB 	stay 	the
1PERB 	Regulations 	are 	codified 	at 	California 	Administrative
Code, 	title 	8, 	section 	31001 	et 	seq. 	Section 	32370 	states 	in
pertinent 	part:
Parties 	seeking 	a 	stay 	of 	any 	activity 	may
file 	a 	request 	for 	a 	stay 	with 	the
administrative 	appeal 	which 	shall 	include 	all
pertinent 	facts 	and 	justification 	for 	the
request. 	The 	Board 	may 	stay 	the 	matter,
except 	as 	is 	otherwise 	provided 	in 	these
regulations.

unfair 	practice 	hearing 	in 	the 	instant 	case, 	which 	hearing 	is
currently 	scheduled 	for 	five 	days 	beginning 	June 	25.
PERB 	Regulation 	32190, 	subdivision 	(f) 	provides 	that:
"Rulings 	on 	motions 	shall 	not 	be 	appealable 	except 	as 	specified
in 	sections 	32200 	and 	32646." 2 PERB 	Regulation 	32200 	provides,
in 	pertinent 	part, 	as 	follows:
A party 	may 	object 	to 	a 	Board 	agent's
interlocutory 	order 	or 	ruling 	on 	a 	motion 	and
request 	a 	ruling 	by 	the 	Board 	itself ..
The 	Board 	agent 	may 	refuse 	the 	request, 	or
may 	join 	in 	the 	request 	and 	certify 	the
matter 	to 	the 	Board. 	The 	Board 	itself 	will
not 	accept 	the 	request 	unless 	the 	Board 	agent
joins 	in 	the 	request. 	The 	Board 	agent 	may
join 	in 	the 	request 	only 	where 	all 	of 	the
following 	apply:
(a) 	The 	issue 	involved 	is 	one 	of 	law;
(b) 	The 	issue 	involved 	is 	controlling 	in 	the
case;
(c) 	An 	immediate 	appeal 	will 	materially
advance 	the 	resolution 	of 	the 	case.
(Emphasis 	added.)
On 	May 	22, 	1990, 	the 	ALJ, 	who 	denied 	the 	University's 	motion
to 	quash 	the 	complaint, 	declined 	to 	join 	the 	University's
interlocutory 	appeal 	because 	he 	did 	not 	believe 	an 	immediate
appeal 	would 	materially 	advance 	the 	resolution 	of 	this 	case.
Since 	the ALJ 	has 	refused 	to 	join 	in 	the 	instant 	appeal, 	the
Board 	is 	precluded 	by 	Regulation 	32200 	from 	granting 	the
University's 	request 	that 	it 	review 	the 	ALJ's 	denial 	of 	its
2PERB 	Regulation 	32646 	does 	not 	apply 	here.
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motion 	to 	quash 	the 	complaint. 3 Having 	disposed 	of 	the 	appeal,
we 	also 	deny 	the 	University 1 s 	request 	for 	stay 	of 	the 	unfair
practice 	hearing.
ORDER
The 	Board 	DENIES 	the 	University's 	appeal 	of 	the 	Boa1d
agent 1 s 	order 	and 	request 	that 	the 	Board 	agent 	certify 	the
appeal, 	DENIES 	the 	University's 	request 	for 	stay 	of 	the 	unfair
practice 	hearing, 	and 	INSTRUCTS 	the 	ALJ 	to 	proceed with 	the
hearing.
Chairperson 	Hesse 	and 	Member 	Craib 	joined 	in 	this 	Decision.
3see 	State 	of 	California 	(Department 	of 	Water 	Resources.
Department 	of 	Developmental 	Services) 	(1981) 	PERB 	Order 	No. 	Ad-
122-S, 	page 	4. 	Board 	restricted 	discussion 	to 	issues 	which 	had
been 	certified 	by 	hearing 	officer.
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