State of California (Department of Corrections) (California Correctional Peace Officers Association) (PERB A227S)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
CALIFORNIA 	CORRECTIONAL 	PEACE
OFFICERS 	ASSOCIATION,
Charging 	Party,
v.
STATE 	OF 	CALIFORNIA 	(DEPARTMENT
CORRECTIONS),
Respondent.
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Case 	No. 	S-CE-509-S
Stay 	of 	Hearing
PERB 	Order 	No. 	Ad-227-S
December 	16, 	1991
Appearances: 	Department 	of 	Personnel 	Administration, 	by 	Roy 	J.
Chastain, 	Labor 	Relations 	Counsel, 	for 	State 	of 	California
(Department 	of 	Corrections); 	Jeffrey A. 	Diamond, 	Staff 	Legal
Counsel, 	for 	California 	Correctional 	Peace 	Officers 	Association.
Before 	Hesse, 	Chairperson, 	Shank 	and 	Camilli, 	Members.
DECISION AND 	ORDER
HESSE, 	Chairperson: 	This 	case 	is 	before 	the 	Public
Employment 	Relations 	Board 	(PERB 	or 	Board) 	on 	appeal 	by 	the 	State
of 	California 	(Department 	of 	Corrections) 	(State) 	from 	an
administrative 	law 	judge 1 s 	(ALJ) 	denial 	of 	its 	motion 	to 	dismiss
and 	defer 	to 	final 	and 	binding 	arbitration 	a 	complaint 	filed 	by
the 	California 	Correctional 	Peace 	Officers 	Association 	(CCPOA).
A hearing 	on 	the 	unfair practice 	charge 	and 	complaint 	is
scheduled 	to 	begin 	on 	December 	17, 	1991.
Following 	the 	issuance 	of 	the 	ALJ's 	ruling 	on 	its 	motion 	to
dismiss 	complaint 	and 	defer 	to 	binding 	arbitration, 	the 	State
filed 	a 	timely 	appeal 	of 	the 	decision 	and 	a 	request 	for 	a 	stay 	of
the 	unfair 	practice 	charge 	hearing 	in 	accordance 	with 	PERB

Regulations
	32646(b)
	and 	32370.
1
CCPOA
	filed
	an
	opposition
	to
both
	the
	request 	for 	stay
	and
	the
	appeal.
	CCPOA
	further 	requests
that
	if
	the 	stay
	is
	granted
	so
	that
	the
	Board
	may
	address
	the
appeal,
	it
	be
	allowed
	to
	respond
	to 	the 	merits 	of 	the 	appeal
within
	the 	applicable
	time
	lines.
	However,
	the
	filings
	of
	the
appeal
	and
	responses
	thereto
	will
	not
	be
	complete
	and
	before 	the
Board
	until 	after
	December
	17,
	1991.
	A
	stay
	of
	the
	hear~ng
pending
	the
	outcome
	of
	this
	appeal
	is
	appropriate
	in
	that
	the
hearing
	may
	be
	unnecessary 	should
	the
	Board
	reverse 	the
	ALJ's
ruling
	in
	Case
	No.
	S-CE-509-S.
In 	the
	interest
	of
	economy,
	the
	Board
	ORDERS
	that
	the
hearing 	in 	State
	of
	California
	(Department
	of
	Corrections),
	Case
No.
	S-CE-509-S, 	be
	STAYED
	pending
	the
	Board
1 s
	decision
	on
	the
State
1 s
	appeal 	of
	the
	ALJ 1 s
	denial
	of
	its
	motion
	to
	dismiss
complaint
	and
	defer 	to
	binding
	arbitration.
Members
	Shank 	and
	Camilli 	joined
	in 	this
	Decision.
1 PERB
	Regulations 	are 	codified 	at 	California AdministrativeCode,
	title
	8, 	section
	31001,
	et
	seq.
2