Oakland Unified School District (PERB A171E)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
OAKLAND UNIFIED 	SCHOOL DISTRICT,
Employer,
and
UNITED TEACHERS OF OAKLAND, 	AFT
LOCAL 	#771,
Petitioner,
and
OAKLAND EDUCATION ASSOCIATION,
CTA/NEA
Exclusive 	Representative.
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) 	Case 	No. 	SF-D-169
Administrative 	Appeal
PERB 	Order 	No. 	Ad-171
June 	29, 	1983
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Appearance; 	Ramon E. 	Romero, 	California Teachers Association,
for 	Oakland 	Education Association, 	CTA/NEA.
Before Hesse, 	Chairperson; 	Craib and Shank, 	Members.
ORDER
The 	Oakland 	Education Association has 	requested 	that 	it 	be
permitted 	to withdraw 	its 	appeal 	and 	request 	for 	stay 	of 	the
decertification election 	in 	the 	above-entitled 	case. 	As 	noted
by a number 	of 	reviewing 	courts, 	when 	an 	appeal 	involves 	a
matter 	of 	continuing public 	interest, 	and when 	the precedential
ruling will 	be 	instructive 	to all 	parties 	similarly 	situated,
the 	reviewing body 	should, 	when considering 	a 	request 	to
withdraw, 	exercise 	discretion 	in the 	interest of 	justice. 	(See
G. 	C. 	DeGarmo v. 	A. 	Goldman 	(1942) 	19 Cal.2d 755; 	Village
Escrow 	Company 	v. 	National 	Union 	Fire 	Insurance 	Company 	(1988)
Cal.App. 	LEXIS 	568; 	Susan Garfinkle 	v. 	Wells Fargo Bank 	(1982)
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135 Cal.App.3d 	514; 	9 Witkin Cal. 	Procedure 	(3d Ed. 	1985)
Appeal 	sec. 	505-506.) 	Because of 	the 	significant 	legal 	issues
presented by 	this 	appeal, 	and 	the 	fact 	that 	the 	representation
rights of over 	700 employees 	are at 	issue, 	we decline 	to
dismiss 	the appeal.
As 	to the 	stay, 	the 	Public 	Employment 	Relations 	Board
(Board) 	believes 	that 	the 	counting of ballots 	at 	this 	stage
could 	prejudice 	the 	rights 	of 	the 	affected 	employees.
Therefore, 	the 	Board on 	its 	own motion hereby ORDERS 	that 	the
ballots 	remain 	impounded 	and 	that 	the 	election be 	stayed 	until
the 	appeal 	is 	decided by 	the 	Board.
By 	the 	BOARD
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