Santa Clara Unified School District (PERB 0104EA)

STATE
	OF
	CALIFORNIA
DECISION
	OF 	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
SANTA
	CLARA
	UNIFIED
	SCHOOL
	DISTRICT,
Employer,
APPELLANT,
and
SANTA CLARA
	FEDERATION
	OF
	TEACHERS,
LOCAL
	2393,
	AFT, 	AFL-CIO,
Employee
	Organization,
and
UNITED
	TEACHERS 	OF
	SANTA
	CLARA,
CTA/NEA,
Intervenor.
Case
	No. 	SF-CE-13
PERB
	Decision
	No.
	104a
Request for Reconsideration	
Request
	for
	Reconsiderati
May 7, 1980	
May
	7, 	1980
~pearances:	
Richard
	J.
	Loftus	
and	
Larry
	P.
	Schapiro,
Attorneys (Littler, Mendelson, Fastiff & Tichy) for Sant	
for 	Santa 	Clara
Unified	Unified School District; Robert J. Bezemek, Attorney	
School
	District;
	Robert
	J.
	Bezemek,
	Attorney
(Van
	Bourg,
	Allen,
	Weinberg
	& Roger)
	for
	Santa Clara 	Federation
of 	Teachers, 	Local 	2393,
	AFT, 	AFL-CIO.
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____________________ )
on
Attorneys
	(L
Before 	Gluck,
	Chairperson;
	Gonzales
	and 	Moore, 	Members.
DECISION
The
	Santa 	Clara 	Unified 	School
	District
	(hereafter
District)
	requests 	reconsideration 	of
	PERB
	Decision
	No. 	104
(9/26/79),
	Case 	No. 	SF-CE-13. 	The
	request
	is
	made
	pursuant 	to
rule
	32410 	whichds:
reads:
Request 	for 	Reconsideration.
	Any
	party 	to
	a
decision 	of 	the
	Board
	itself
	may,
	because 	of
extraordinary 	circumstances,
	file
	a
	request
to 	reconsider 	the 	decision 	with 	the
	Board

itself
	within
	seven
	calendar
	days
	following
the 	date 	of
	service 	of
	the
	decision.
	The
party
	shall 	state
	with
	specificity
	the
grounds
	claimed
	and
	where
	applicable
	shall
specify
	the
	page
	of 	the 	record
	relied
	upon.
A
copy
	of 	the
	request
	must 	have 	been
actually
	served
	upon
	each
	party
	of
	record
prior
	to
	filing
	the
	request
	and 	a
	statement
of
	such
	service
	shall
	accompany
	the
request.
	Any
	party
	shall
	have
	five 	calendar
days
	from
	actual 	service
	to
	file
	a
	responsewith
	the
	Board
	itself.
	"Actual
	service"
	as
used
	in
	this
	section
	means
	actual 	receipt	
by
the
	party
	or
	their
	agent.
	The
	filing
	of
	a
request
	for
	reconsideration
	shall
	not
operate 	to 	stay
	the
	effectiveness
	of
	a
decision 	of
	the
	Board
	itself
	unless
otherwise 	ordered
	by
	the
	Board
	itself.
The
	District
	wishes
	to
	submit
	new 	and
	additional
	evidence
and
	argument
	pertaining 	to
	the
	merits 	of 	the 	case.
	It
	further
wishes
	to
	prove
	that
	it
	is 	legally
	incapable 	of
	complying
	with
the 	Board-ordered
	remedy,
	citing 	certain
	Education
	Code
obligations
	which
	allegedly
	preclude
	its
	compliance
	in
	full.
The
	Santa	
Clara	
Federation	
of
	Teachers,
	Local
	2393,
	AFT,
AFL-CIO
	(hereafter
	AFT)
	the
	original
	Charging
	Party,
	responds
by
	denying
	that 	there 	are
	grounds
	for 	reconsideration 	of 	the
merits
	and
	further 	offers 	refutation
	of 	the
	District's
	claim
that
	it
	is 	legally
	precluded
	from
	compliance 	with 	the
	Board
order.
After
	a
	careful
	review 	of 	the
	District's
	request, 	the
	Board
finds
	no
	"extraordinary 	circumstances"
	have 	been
	presented
justifying 	reconsideration 	of 	the 	merits 	of 	the 	case.
	However,
the
	District
	has 	presented
	an
	arguable 	basis 	for
	its
	claim 	that
it
	cannot 	fully
	comply 	with 	the 	ordered 	remedy. 	While
	the
N2

Board
	considers
	AFT's
	response
	to
	be
	arguably
	valid,
	the
resolution
	of
	certain
	factual
	matters
	and
	legal 	issues 	raised
would
	best
	be
	accomplished
	by
	remanding
	to 	the
	Chief
Administrative
	Law
	Judge
	the
	single
	issue 	of
	the
	District's
legal
	capacity 	to
	comply
	with
	the
	Board 	remedy.
	The
	Chief
Administrative
	Law
	Judge
	is
	directed
	to
	conduct
	a
	hearing
	on
this
	issue
	and
	to
	forward
	the
	entire
	record, 	together
	with
	his
recommendations,
	to
	the
	Board
	itself.
	This
	order
	is
	predicated
on
	a
	finding
	that
	the
	District's
	claim 	of
	legal
	incapacity
constitutes
	"extraordinary
	circumstances" 	within 	the
	meaning	
of
rule
	32410.
ORDER
The
	Public
	Employment
	Relations
	Board
	hereby
	ORDERS
	that
the 	request	
for	
reconsideration
	filed	
by 	the 	Santa
	Clara
Unified
	School
	District
	on
	the 	merits 	of	
PERB
	Decision
	No. 	104
(9/26/79),
	Case
	No. 	SF-CE-13
	is
	dismissed;	
and,
It
	is
	further
	ORDERED
	that	
the 	Chief 	Administrative
	Law
Judge 	conduct
	a
	hearing
	solely
	on
	the 	issue 	of 	the	
Santa	
Clara
Unified	
School	
District's
	legal 	capacity 	to
	comply
	in	
full	
or
in	
any	
part	
with 	the 	aforementioned 	order 	of 	this	
Board; 	and,
It
	is 	further	
ORDERED
	that
	upon	
conclusion 	of 	said 	hearing,
the 	Chief 	Administrative
	Law
	Judge
	shall	
forward
	to
	the 	Board
itself	
the	
entire	
record	
including
	briefs, 	if	
any, 	together
with 	his	
recommendation 	for	
final 	disposition.
PER CURIAM	
PER CURIAM
33