North Orange County Community College District (PERB 1364E)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
ELIZABETH 	KISZELY,
Charging 	Party,
v.
NORTH 	ORANGE 	COUNTY 	COMMUNITY
COLLEGE DISTRICT,
Respondent.
Case No. 	LA-CE-4120
PERB Decision No. 	1364
December 10, 	1999
Appearances: 	Elizabeth Kiszely, 	on her own behalf; 	Parker,
Covert 	& Chidester by Cathie L. 	Fields, 	Attorney, 	for North
Orange 	County Community College District.
Before Caffrey, 	Chairman; 	Dyer and Amador, 	Members.
DECISION AND 	ORDER
CAFFREY, 	Chairman: 	This 	case is before the Public
Employment Relations Board 	(PERB or Board) 	on appeal by Elizabeth
Kiszely 	(Kiszely) 	of 	a Board agent's 	dismissal 	of 	her unfair
practice 	charge. 	In her charge, 	Kiszely alleged that 	the North
Orange 	County 	Community 	College 	District 	violated 	section
3543.5(a) 	of the Educational Employment Relations Act 	(EERA)1 by
1EERA is 	codified at Government 	Code 	section 3540 	et 	seq.
Unless 	otherwise 	indicated, 	all 	statutory references 	are 	to 	the
Government Code. 	Section 3543.5 	states, 	in pertinent part:
It 	shall 	be unlawful 	for a public 	school
employer to do any of 	the 	following:
(a) 	Impose or threaten to impose 	reprisals
on employees, 	to discriminate or threaten to
discriminate against employees, 	or otherwise
to interfere with, 	restrain, 	or coerce
employees because 	of 	their exercise of 	rights
guaranteed by this 	chapter. 	For purposes 	of
this subdivision, 	"employee" 	includes an
applicant 	for employment 	or 	reemployment.
)
)
)
)
)
)
)
__________ _:_ ___ !

retaliating 	against 	her 	for her participation 	in protected
activities.
On November 9, 	1999, 	the PERB General 	Counsel's Office
(General 	Counsel) 	requested that 	this 	case be 	remanded 	for
further investigation. 	EERA section 3541.3(i)2 empowers the
Board 	to 	investigate unfair practice 	charges 	and 	take 	the 	action
it deems necessary to effectuate 	the policies 	of 	EERA. 	The Board
concludes 	that 	remanding 	this 	case 	to 	the General 	Counsel 	will
effectuate the policies 	of 	EERA.
Therefore, 	the Board ORDERS 	that Case No. 	LA-CE-4120 be
REMANDED 	to 	the Office of 	the General 	Counsel 	for 	further
investigation.
Members 	Dyer and Amador 	joined 	in 	this 	Decision.
2EERA section 3541.3 	states, 	in pertinent part:
The board shall 	have all 	of 	the 	following
powers and duties:
(i) 	To 	investigate unfair practice 	charges
or alleged violations 	of 	this 	chapter, 	and
take 	any action and make 	any determinations
in respect 	of 	these 	charges 	or alleged
violations 	as 	the board deems 	necessary to
effectuate 	the policies 	of 	this 	chapter.
22