Inglewood Unified School District (PERB A205E)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
CALIFORNIA 	SCHOOL 	EMPLOYEES
ASSOCIATION AND 	ITS 	INGLEWOOD
CHAPTER 	16,
Charging 	Party;
v.
INGLEWOOD 	UNIFIED 	SCHOOL
DISTRICT,
Respondent.
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Gase 	No. 	LA-CE-2912
Stay 	of 	Hearing
PERB 	Order 	No. 	Ad-205
March 	30, 	1990
Before 	Hesse, 	Chairperson; 	Shank 	and 	Cunningham, 	Members.
ORDER
This 	case 	is 	before 	the 	Public 	Employment 	Relations 	Board
(Board) 	on 	appeal 	by 	the 	Inglewood 	Unified 	School 	District
(District) 	from 	an 	administrative 	law 	judge 1 s 	refusal 	to 	dismiss
a 	complaint, 	filed 	by 	the 	California 	School 	Employees
Association, 	and 	defer 	the 	underlying 	unfair 	practice 	charge 	to
final 	and 	binding 	arbitration. 	A hearing 	on 	the 	unfair 	practice
charge 	is 	scheduled 	to 	begin 	on 	April 	3, 	1990.
Following 	the 	issuance 	of 	the 	administrative 	law 	judge 1 s
ruling 	on 	its 	Motion 	to 	Dismiss 	and 	Defer 	to 	Binding 	Grievance
Arbitration, 	the 	District 	filed 	a 	timely 	appeal 	of 	the 	decision
and 	a 	request 	for 	a 	stay 	of 	the 	unfair 	practice 	charge 	hearing 	in
accordance 	with 	Regulations 	32646(b) 	and 	32370. 1 However, 	the
filings 	of 	the 	appeal, 	request 	for 	the 	stay 	and 	responses 	thereto,
1PERB 	Regulations 	are 	codified 	at 	California 	Administrative
Code, 	title 	8, 	section 	31001 	et 	seq.

will 	not 	be 	complete 	and 	before 	the 	Board 	until 	after 	the 	date
the 	unfair 	practice 	charge 	is 	scheduled 	to 	go 	to 	hearing. 	A 	stay
of 	the 	hearing 	pending 	the 	outcome 	of 	this 	appeal 	is 	therefore
appropriate 	in 	that 	the 	hearing 	will 	be 	unnecessary 	should 	the
Board 	reverse 	the 	administrative 	law 	judge 1 s 	ruling 	in 	Case 	No.
LA-CE-2912.
In 	the 	interest 	of 	economy, 	the 	Board, 	on 	its 	own 	motion,
ORDERS 	that 	the 	hearing 	in 	Inglewood 	Unified 	School 	District,
Case 	No. 	LA-CE-2912 	be 	STAYED 	pending 	the 	Board 1 s 	decision 	on 	the
District 1 s 	appeal 	of 	the 	administrative 	law 	judge's 	denial 	of 	its
Motion 	to 	Dismiss 	and 	Defer 	to 	Binding 	Grievance 	Arbitration.
Chairperson 	Hesse, 	Members 	Shank 	and 	Cunningham 	participated 	in
this 	Decision.
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