Clovis Unified School District (PERB J012E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
CLOVIS UNIFIED TEACHERS ASSOCIATION,
CTA/NEA,
Charging Party,
CLOVIS UNIFIED SCHOOL DISTRICT,
Respondent.
CLOVIS UNIFIED TEACHERS ASSOCIATION,
CTA/NEA,
Employee Organization,
and
CLOVIS UNIFIED SCHOOL DISTRICT,
Employer.
Case No. S-CE-635
Request for
Judicial Review
PERB Decision No. 389
PERB Order No. JR-12
December 14, 1984
Case No. S-R-729
Appearances: Diane Ross, Attorney for Clovis Unified Teachers
Association, CTA/NEA; Finkle & Stroup by Harry Finkle and Mary
Beth de Goede for Clovis Unified School District.
Before Tovar, Jaeger and Morgenstern, Members.
DECISION AND ORDER
MORGENSTERN, Member: On July 26, 1984, the Clovis Unified
School District (District) requested that the Public Employment
Relations Board (PERB) join it in seeking judicial review of
PERB Decision No. 389 pursuant to section 3542(a) of the
Educational Employment Relations Act (EERA).1
EERA is codified at Government Code section 3540 et
seq,
Section 3542 (a) provides:

On July 31, the District filed a Petition for Writ of Review
and Request for a Stay of PERB's election order in the Court of
Appeal. The District's Request for a Stay was denied and, on
November 2, 1984, the District filed a Request for Dismissal of
its Petition. The Petition was dismissed on November 20, 1984.
Because the instant request is rendered moot by the
dismissal of the underlying court action, the request that the
PERB join in requesting review of Clovis Unified School District
(7/2/84) PERB Decision No. 389 is hereby DENIED.
Members Tovar and Jaeger joined in this Decision.
No employer or employee organization shall
have the right to judicial review of a unit
determination except: (1) when the board in
response to a petition from an employer or
employee organization, agrees that the case
is one of special importance and joins in
the request for such review; or (2) when the
issue is raised as a defense to an unfair
practice complaint. A board order directing
an election shall not be stayed pending
judicial review.