Decision 1138Ea – Barstow Unified School District

LA-CE-3396

Decision Date: May 31, 1996

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 20
Perc Index: 27104

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.