PERB Order No. A017E•Rio Hondo Community College District (PERB A017E)
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STATE OF C.ALIFORNIA DECISION OF TiiE EDUCATIONAL EMPLOYMENT RELATIONS BOARD In the Matter of the Administrative Appeal RIO HONOO COMMUNITY COLl.EGE DISTRICT, Employer, APPELLANT, and RIO HONOO COLl.EGE FACULTY ASSOCIATION,. CI'A/NEA, E.rrployee Organization. ) ) ) ) ) ) ) ) ~ ) ) ---------------------- Case No. I.A-R-111 EERB Order No. Ad-17 October 7, 1977 ORDER The determination of the Los Angeles Regional Director, in the above- captioned matter, that the Rio Hondo Faculty Association, CTA/NEA, possesses the requisite showing of support is sustained by the Board itself. The Board finds that the Regional Director correctly applied Section 35M of the Governrrent Code and Section 33030(a) of the Rules and Regulations. Educational Ernployrrent Relations Board by STEPHEN BARBER Executive Assistant to the Board 10-7- 77 Jerilou H. Cossack, Member, concurring: I agree that the decision of the Regional Director should be sustained and the appeal denied in this case, although I do not affinn the Regional Director's reasoning. I believe that an administrative agency, as Justice Tobriner writing for the California Supreme Court stated, "IIn.lSt set forth findings to bridge the analytic gap between the rEM evidence and ultimate decision or order. . . . Am::mg other functions a findings requirement serves to conduce the administrative body to draw legally relevant sub- conclusions supportive of its ultimate decision; the intended effect is to facilitate orderly analysis and rn:i.n:i.mize the likeliliood that the agency will randomly leap from
evidence to conclusions. . . . They also serve a public relations function by helping to persuade the parties that administrative decision-making is careful, reasoned, and equitable." Topanga Assn. v. County of Los Angeles, 11 Cal.3d 506, 113 Cal.Rptr. 836 (1974) . However, a majority of the Board has elected not to set forth its findings of fact and conclusions of law. It would be an exercise in futility for me, as one m:mber, to do so, since neither the parties nor any reviewing court could rely upon one member's opinion as accurately reflecting the reasoning of the Board as a 'Whole. -2-
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