Fremont Union High School District (PERB A237E)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
FREMONT 	EDUCATION ASSOCIATION,
CTA/NEA,
Charging 	Party,
v.
FREMONT 	UNION 	HIGH 	SCHOOL 	DISTRICT,
Respondent.
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Case 	No. 	SF-CE-1557
Stay 	of 	Hearing
PERB 	Order 	No. 	Ad-237
January 	19, 	1993
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Appearance: 	Law Firm 	of 	Zampi 	and Associates 	by 	Joseph 	P. 	Zampi
and 	Gerald 	B. 	Determan, 	Attorneys 	for 	Fremont 	Union 	High 	School
District.
Before 	Hesse, 	Chairperson, 	Caffrey 	and 	Blair, 	Members.
DECISION AND ORDER
HESSE, 	Chairperson: 	This 	case 	is 	before 	the 	Public
Employment 	Relations 	Board 	(PERB 	or 	Board) 	on 	appeal 	by 	the
Fremont 	Union 	High 	School 	District 	(District) 	from 	an
administrative 	law 	judge's 	(ALJ) 	denial 	of 	its 	motion 	to 	dismiss
. and 	defer 	to 	final 	and 	binding 	arbitration 	an 	unfair 	practice
charge 	filed 	by 	the 	Fremont 	Education Association, 	CTA/NEA
(Association) . 	A hearing 	on 	the 	unfair 	practice 	complaint 	is
scheduled 	to 	begin 	on 	January 	20, 	1993.
Following 	the 	issuance 	of 	the 	ALJ's 	ruling 	on 	its 	motion 	to
dismiss 	the 	complaint 	and 	defer 	to 	binding 	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

PERB 	Regulation 	sections 	32646{b), 	32635 	and 	32370. 1 	The
filings 	of 	the 	appeal 	and 	any 	responses 	thereto will 	not 	be
complete 	and 	before 	the 	Board 	until 	after 	January 	20, 	1993. 	A
stay 	of 	the 	hearing 	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. 	SF-CE-1557.
In 	the 	interest 	of 	economy, 	the 	Board ORDERS 	that 	the
hearing 	in 	Fremont 	Union 	High 	School 	District, 	Case 	No. 	SF-CE-
1557, 	be 	STAYED pending 	the 	Board's 	decision 	on 	the 	District's
appeal 	of 	the ALJ's 	denial 	of 	its 	motion 	to 	dismiss 	complaint 	and
defer 	to 	binding 	arbitration.
Members 	Caffrey 	and 	Blair 	joined 	in 	this 	Decision.
1PERB 	regulations 	are 	codified 	at 	California 	Code 	of
Regulations, 	title 	8, 	section 	31001 	et 	seq.
2