Middletown Unified School District (PERB 1088E)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
MIDDLETOWN TEACHERS ASSOCIATION,
CTA/NEA,
Charging 	Party,
v.
MIDDLETOWN UNIFIED SCHOOL DISTRICT,
Respondent.
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) 	Case No. 	SF-CE-1514
PERB Decision No. 	1088
March 2, 	1995
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Appearances: 	Law Offices 	of 	James G. 	Bertoli by James 	G.
Bertoli, 	Attorney, 	for Middletown Teachers Association, 	CTA/NEA;
Littler, 	Mendelson, 	Fastiff, 	Tichy and Mathiason by Sharon Seay,
Attorney, 	for Middletown Unified School 	District.
Before Blair, 	Chair; 	Carlyle and Garcia, 	Members.
DECISION AND 	ORDER
BLAIR, 	Chair: 	The Middletown Teachers Association, 	CTA/NEA
(Association) 	and 	the Middletown Unified School 	District
(District) 	filed exceptions 	with the 	Public 	Employment 	Relations
Board 	(PERB or Board) 	to a proposed decision of 	a PERB
administrative law judge 	(ALJ). 	In his decision, 	the ALJ held
that the District violated section 3543.5(a), 	(b) 	and 	(c) 	of the
Educational 	Employment Relations Act 	(EERA)1 when it unilaterally
changed 	the past 	practice 	of 	allowing 	the 	announcement 	of
Association activities at 	faculty meetings. 	The ALJ dismissed
all 	other allegations 	of 	retaliation, 	unilateral 	change and
interference.
EERA 	is 	codified at Government 	Code 	section 3540 	et 	seq.

As 	a result 	of a settlement between the parties, 	the
Association and 	the District 	have 	each 	filed a 	request 	with 	the
Board 	to 	withdraw 	their 	respective 	exceptions 	and 	request 	that
the proposed 	decision be 	vacated 	and 	the 	unfair practice 	charge
and 	complaint 	be 	dismissed.
The 	Board has 	considered the 	request 	and 	concurs 	that 	it 	is
in the best 	interests 	of 	the parties 	and 	is 	consistent with 	the
purposes 	of 	the EERA.
It 	is hereby ORDERED that 	the exceptions are withdrawn, 	the
proposed decision 	is VACATED, 	and the unfair practice 	charge 	and
complaint 	in Case No. 	SF-CE-1514 are DISMISSED.
Members 	Carlyle 	and Garcia 	joined 	in 	this 	Decision.
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