Santa Ana Educators Association (O'Neil) (PERB 1776E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
PATRICIA O'NEIL, ERNEST SALGADO, EMIL
BARHAM,
Charging Parties,
v.
SANTA ANA EDUCATORS ASSOCIATION,
Respondent.
Case No. LA-CO- 1170-E
PERB Decision No. 	1776
S e p t e m b e r 	1, 	2005
Appearances: 	Patricia O'Neil, Ernest Salgado and Emil Barham, on their own behalf;
California Teachers Association by Joseph R. Colton, Attorney, for Santa Ana Educators
Association.
Before Whitehead, Shek and Neuwald, Members.
DECISION AND ORDER
NEUWALD, Member: This case is before the Public Employment Relations Board
(PERB or Board) on appeal of a dismissal by a Board agent of an unfair practice charge.
Patricia O'Neil, Ernest Salgado and Emil Barham (Charging Parties) allege that the Santa Ana
Educators Association violated the Educational Employment Relations Act (EERA)1
section 3543.6(b) by denying them an opportunity to participate in union activity and failing to
meet its duty of fair representation.
On August 4, 2005, the PERB General Counsel requested that this case be remanded
for further investigation. 	With that request, he noted that the Charging Parties assert that they
1EERA is codified at Government Code section 3540, et seq.
• .f.	•

did not receive a warning letter prior to the case being dismissed as required under PERB
Regulation 32620(d)2.
The Board has adopted a procedure whereby the General Counsel reviews cases
dismissed by Board agents. 	As explained in similar requests from the General Counsel
(California School Employees Association and its Chapter #302 (Lauer) (1990) PERB
Decision No. 809; California State Employees' Association (Morrow) (1986) PERB Decision
No. 568-S) the purpose of the review is to minimize, and hopefully reduce appellate litigation
prompted by inadequacies in the processing of unfair practice charges. 	The request for remand
reflects the General Counsel's reasoned conclusion that further investigation would serve that
purpose. 	We conclude that the request for remand be granted.
Therefore, upon review of the entire record, the Board ORDERS that Case
No. LA-CO-1170-E be REMANDED to the General Counsel for further investigatory
proceedings.
Members Whitehead and Shek joined in this Decision.
2 PERB regulations are codified at California Code of Regulations, title 8,
section 31001, et seq.
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