Decision 1138Ea – Barstow Unified School District
LA-CE-3396
Decision Date: May 31, 1996
Decision Type: PERB Decision
Description: Union requests reconsideration of the Board’s decision finding no violation when the District unilaterally contracted out pupil transportation services.
Disposition: Reconsideration granted on the basis of newly discovered law.
Perc Vol: 20
Perc Index: 27104
Decision Headnotes
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
The principles of judicial economy and exhaustion of administrative remedies require PERB to interpret the Education Code to determine whether the District committed an EERA violation; p. 9. PERB's jurisdiction to interpret the Education Code to administer EERA is not subject to the forum selection preferences of the parties; p. 10.
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
PERB possesses no jurisdiction to enforce the Education Code. However, the Board may interpret the Education Code to harmonize the legislative intent of EERA and Education Code provisions; p. 8. The principles of judicial economy and exhaustion of administrative remedies require PERB to interpret the Education Code to determine whether the District committed an EERA violation; p. 9. PERB's jurisdiction to interpret the Education Code to administer EERA is not subject to the forum selection preferences of the parties; p. 10.
1103.03000 – Variance of Complaint from Charge; Evidence, Findings, or Order Varying from Complaint; Events Subsequent to Charge or Complaint
The Board and its agents make the determination of issues to be considered in a PERB unfair practice proceeding, not the parties to the proceedings; p. 10.
1107.08000 – Proceedings During or After Court Enforcement, Review, or Remand
After the 4th District Appellate Court stayed CSEA's separate Education Code violation Superior Court case for failure to exhaust administrative remedies at PERB, the Board agreed to reconsider its decision in Barstow Unified School District (1996) PERB Decision No. 1138. In its original decision, the Board never reached the Education Code question because it was pending in another forum. The Board gave the parties 30 days to provide supporting briefs on the Education Code issue.
1107.10000 – Request for Reconsideration
The Board granted reconsideration on the basis that a 4th District Appellate Court decision, which stayed CSEA's separate Education Code violation Superior Court case for failure to exhaust administrative remedies at PERB, constituted newly discovered law under PERB Regulation 32410; p. 9.
1503.03000 – Regulations Considered (By Number) (Continued)
The Board granted reconsideration on the basis that a 4th District Appellate Court decision, which stayed CSEA's separate Education Code violation Superior Court case for failure to exhaust administrative remedies at PERB, constituted newly discovered law under PERB Regulation 32410; p. 9.