San Mateo City School District (PERB I048E)

STATE OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
SAN MATEO CITY SCHOOL DISTRICT,
Charging 	Party,
v.
SAN MATEO ELEMENTARY TEACHERS
ASSOCIATION, 	CTA/NEA,
Respondent.
)
)
) 	Case No. 	SF-CO-281
PERB Order 	No. 	IR-48
November 	4, 	1985
)
)
)
)
)
)
)
)
Appearances; 	Littler, 	Mendelson, 	Fastiff & Tichy by Larry P.
Schapiro 	for 	San Mateo City School 	District; 	Ramon Romero,
Attorney, 	California 	Teachers 	Association 	for 	San Mateo
Elementary Teachers' 	Association, 	CTA/NEA.
Before Hesse, 	Chairperson; 	Jaeger and Porter, 	Members.
DECISION AND 	ORDER
HESSE, 	Chairperson: 	This matter came before the Public
Employment 	Relations 	Board 	(PERB or 	Board) 	in response 	to an
unfair practice 	charge and 	request 	for 	injunctive 	relief 	filed
by 	the 	San Mateo City School 	District 	(District) 	against 	the
San Mateo Elementary Teachers 	Association 	(Association).
Pending resolution of 	the unfair practice charge, 	the 	District
asked 	PERB 	to 	seek 	injunctive 	relief 	to halt 	a 	work 	stoppage 	by
Association members, 	pursuant 	to San Diego Teachers Association
v. 	Superior Court 	(1979) 	24 Cal.3d 	1 	and PERB Regulation
32450. 	After 	an 	investigation by PERB's 	general 	counsel,
1PERB 	Regulations 	are 	codified 	at 	California
Administrative Code, 	title 8, 	section 31001 et seq.

the Board 	finds 	that 	(1) 	a work 	stoppage 	is 	in progress, and
(2) 	the 	District 	and 	the Association have 	not 	completed 	the
statutory procedures 	to resolve 	impasse 	found 	at 	Government
2
Code sections 	3548-3548.4. 	Thus, 	injunctive relief 	is 	just
and proper. 	We hereby ORDER the general 	counsel 	to seek
injunctive 	relief 	to halt 	the Association's 	strike.
Members 	Jaeger 	and Porter 	joined 	in 	this 	Decision.
Educational 	Employment 	Relations 	Act 	is 	codified at
Government 	Code 	section 	3540 	et 	seq.