Santa Ana Unified School District (PERB A256E)

STATE
	OF
	CALIFORNIA
DECISION
	OF
	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
SANTA
	ANA
	EDUCATORS
	ASSOCIATION,
Charging
	Party,
v.
SANTA
	ANA
	UNIFIED
	SCHOOL
	DISTRICT,
Respondent.
\
Case
	No.
	LA-CE-3382
Stay 	of
	Hearing
PERB
	Order
	No.
	Ad-256
May	
20,	
1994
Appearance: 	Breon,
	O'Donnell,
	Miller,
	Brown	
&	
Dannis
	by
Laurie
	S.
	Juengert,
	Attorney,
	for
	Santa
	Ana
	Unified
	School
District.
Before
	Blair,
	Chair; 	Caffrey
	and 	Johnson,
	Members.
DECISION
	AND
	ORDER
BLAIR,
	Chair: 	This 	case
	is
	before 	the 	Public
	Employment
Relations
	Board
	(PERE
	or
	Board) 	on
	a
	request 	for 	stay
	of
	the
hearing
	which
	was
	filed
	by
	the
	Santa
	Ana
	Unified
	School
	District
(District)
.
A
	formal
	hearing 	before
	a 	PERE
	administrative
	law
	judge
(ALJ)
	on
	the 	unfair 	labor 	practice
	complaint
	in 	this
	case
	is
scheduled
	to
	begin
	on
	May
	23, 	1994.
	On May
	19, 	1994,
	the
	ALJ
denied 	the
	District's
	motion
	to
	dismiss 	the 	complaint 	and
	defer
the 	matter 	to 	the 	grievance
	and
	arbitration
	procedure
	in 	the
parties' 	collective 	bargaining 	agreement.
	The 	ALJ
	ordered 	the
hearing 	to 	proceed 	as 	scheduled.
On May
	19, 	1994,
	the 	District 	filed
	the 	instant 	request 	for
a
	stay
	of 	the 	hearing, 	indicating
	its 	intent 	to 	appeal 	the 	ALJ's
denial 	of
	its
	motion.

The
	filings
	of
	any
	appeal 	of
	the
	ALJ's
	order
	and 	any
response
	thereto
	would
	not
	be 	complete
	before 	the 	hearing
	is
scheduled
	to
	begin.
	As
	the
	District
	has
	indicated
	its
	intent
to
	appeal 	the
	ALJ's
	order,
	a
	stay
	of
	the 	hearing
	is
	appropriate
in
	that
	the 	hearing
	may
	be
	unnecessary 	should
	the
	Board
	reverse
the
	ALJ's
	ruling.
In 	the
	interest
	of
	economy,
	the
	Board
	ORDERS
	that
the
	hearing
	in
	Santa
	Ana
	Unified
	School
	District,
	Case
No.
	LA-CE-3382,
	be
	STAYED
	pending
	the 	Board's
	consideration
of 	any 	appeal 	of 	the
	ALJ's
	order
	denying
	the
	District's
	motion
to 	dismiss
	and
	defer 	the
	complaint
	to
	binding
	arbitration.
Members
	Caffrey
	and 	Johnson
	joined
	in
	this
	Decision.
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