Santa Ana Unified School District/Monterey Peninsula Unified School District (PERB A257E)

STATE
	OF
	CALIFORNIA
DECISION
	OF 	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
SANTA
	ANA
	EDUCATORS
	ASSOCIATION,
CTA/NEA,
Charging
	Party,
V.
SANTA
	ANA
	UNIFIED
	SCHOOL
	DISTRICT,
Respondent.
Case
	No.
	LA-CE-3382
Motion
	for
	Consolidation
PERB
	Order
	No.
	Ad-257
July
	8, 	1994
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___________________
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MONTEREY
	BAY
	TEACHERS 	ASSOCIATION,
CTA/NEA,
Charging
	Party,
V.
MONTEREY
	PENINSULA UNIFIED
	SCHOOL
DISTRICT,
Respondent.
Case
	No.
	SF-CE-1664
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___________________
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Appearances:	
California
	Teachers
	Association
	by
	Charles
Gustafson, 	Attorney, 	for
	Santa
	Ana
	Educators
	Association,
CTA/NEA;
	California
	Teachers
	Association
	by
	Ramon
	E. 	Romero,
Attorney, 	for
	Monterey
	Bay
	Teachers
	Association,
	CTA/NEA;
Breon, 	O'Donnell,
	Miller,
	Brown	
&	
Dannis 	by
	Claudia
	P.
	Madrigal,
Attorney,
	for
	Santa
	Ana
	Unified
	School
	District
	and Monterey
Peninsula 	Unified
	School
	District.
Before
	Blair,
	Chair; 	Caffrey
	and 	Johnson,
	Members.
DECISION
BLAIR,
	Chair: 	This 	case
	is
	before 	the 	Public
	Employment
Relations
	Board
	(PERB
	or
	Board) 	on
	a
	motion
	filed 	jointly
	by
	the
Santa
	Ana
	Unified 	School
	District
	and
	the
	Monterey
	Peninsula
Unified 	School
	District 	(collectively 	"Districts") 	to 	consolidate
these 	cases 	for 	decision.
	Each 	case
	is 	before 	the 	Board 	on
appeal 	of
	a 	PERB
	administrative 	law 	judge's 	denial 	of
	a
	motion 	to
dismiss 	and 	defer 	to 	arbitration.

The
	Board
	has
	previously 	consolidated
	cases
	for 	decision
	on
the
	basis
	of
	their
	identity
	of
	facts
	and
	similarity
	of
	issues.
(Chaffey
	Joint
	Union 	High
	School
	District
	(1988)
	PERB
	Decision
No.
	669;
	California
	School
	Employees
	Association 	(Gilligan)
(1991)
	PERB
	Decision
	No.
	899.)
The
	facts, 	specifically
	the
	alleged
	violations, 	in 	the
	cases
proposed
	for 	consolidation 	are
	very
	different.
	At
	issue
	in
Santa
	Ana
	Unified
	School
	District,
	Case
	No.
	LA-CE-3382,
	is
	the
district's
	alleged 	interference
	with
	an
	employee's
	protected
rights.
	In
	Monterey
	Peninsula 	Unified
	School
	District,
	Case
No.
	SF-CE-1664,
	it
	is
	alleged 	that
	the
	district
	unilaterally
eliminated
	a
	casework
	period.
	The
	contract 	provisions 	alleged
to
	prohibit
	these
	violations 	are
	as
	distinct
	as 	the
	issues 	in
the 	underlying 	cases.
	Since
	PERB's
	decision
	on
	deferral 	to
arbitration 	starts
	with
	consideration
	of 	the
	parties' 	collective
bargaining
	agreement
	(CBA),
	it
	would
	appear
	that
	an
	analysis
	of
the 	language 	of 	each
	contract
	is
	necessary
	to 	resolve
	that
	case.
There
	is
	no
	showing
	that
	the
	language 	of
	one
	CBA
	is
	related
	or
dependent
	on
	the 	other.
	Accordingly, 	the
	Board
	finds
	that
	it
would 	be
	inappropriate 	for 	the
	Board
	to 	consolidate 	these 	cases.
ORDER
The 	motion
	to 	consolidate
	Case
	No. 	LA-CE-3382
	and 	Case
No.
	SF-CE-1664
	is
	hereby
	DENIED.
Members
	Caffrey 	and 	Johnson 	joined 	in 	this 	Decision.
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