Decision A455M – County of Solano

SF-IM-191-M

Decision Date: October 25, 2017

Decision Type: Administrative Appeal

Description: An employee organization appealed from an administrative determination denying its request for factfinding. Concurrent with the appeal, the employee organization requested the Board stay implementation of the administrative determination, pending resolution of the appeal.

Disposition: The Board denied the request for a stay of activity.  Although PERB Regulations provide that parties seeking a stay of a Board order may file a request for a stay with the administrative appeal, in this case, because the administrative determination had denied the request for factfinding, there was no ruling or order, and consequently, nothing to stay.

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Perc Vol: 42
Perc Index: 55

Decision Headnotes

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.01000 – In General

PERB Regulations provide that an appeal from an administrative decision will not automatically prevent the Board from proceeding in a case. Pursuant to PERB Regulation 32370, parties seeking a stay of any activity may file a request for a stay with the administrative appeal which shall include all pertinent facts and justification for the request. Except as otherwise provided by PERB Regulations, the Board may order a stay of activity when the ruling or order that is the subject of appeal would be rendered unnecessary or moot, should the Board reverse it. In this case, however, because the administrative determination denied Local 1021’s request for factfinding, there was no ruling or order that would be rendered unnecessary if the Board were to reverse the administrative determination. Accordingly, there was nothing to stay and the Board denied the request.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

PERB Regulations provide that an appeal from an administrative decision will not automatically prevent the Board from proceeding in a case. Pursuant to PERB Regulation 32370, parties seeking a stay of any activity may file a request for a stay with the administrative appeal which shall include all pertinent facts and justification for the request. Except as otherwise provided by PERB Regulations, the Board may order a stay of activity when the ruling or order that is the subject of appeal would be rendered unnecessary or moot, should the Board reverse it. In this case, however, because the administrative determination denied Local 1021’s request for factfinding, there was no ruling or order that would be rendered unnecessary if the Board were to reverse the administrative determination. Accordingly, there was nothing to stay and the Board denied the request.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

PERB Regulations provide that an appeal from an administrative decision will not automatically prevent the Board from proceeding in a case. Pursuant to PERB Regulation 32370, parties seeking a stay of any activity may file a request for a stay with the administrative appeal which shall include all pertinent facts and justification for the request. Except as otherwise provided by PERB Regulations, the Board may order a stay of activity when the ruling or order that is the subject of appeal would be rendered unnecessary or moot, should the Board reverse it. In this case, however, because the administrative determination denied Local 1021’s request for factfinding, there was no ruling or order that would be rendered unnecessary if the Board were to reverse the administrative determination. Accordingly, there was nothing to stay and the Board denied the request.