Decision A454M – City of Salinas

SF-IM-185-M

Decision Date: October 20, 2017

Decision Type: Administrative Appeal

Description: The Office of the General Counsel denied a request for factfinding under the Meyers-Milias-Brown Act.  The exclusive representative requested a stay of activity pending appeal.

Disposition: The Board denied the stay request, concluding that after the denial of the factfinding request, there was no further action by PERB that could be stayed.

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Perc Vol: 42
Perc Index: 54

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

The Board may grant a stay of activity when the Board’s action or order would be rendered unnecessary should the Board reverse the Board agent’s ruling.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

A request for stay of activity pending an appeal of the denial of a factfinding request, aimed at preventing the employer from acting unilaterally before completing factfinding, is beyond the scope of a stay of activity. The remedy for a party seeking to prevent another party from acting unlawfully is a request for injunctive relief under PERB Regulation 32450.