Hesperia Unified School District (PERB 1875E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
HESPERIA EDUCATION ASSOCIATION,
CTA/NEA,
Charging Party,
v.
HESPERIA UNIFIED SCHOOL DISTRICT,
Respondent.
Case Nos. LA-CE-4666-E
LA-CE-4704-E
LA-CE-4780-E
PERB Decision No. 	1875
December 	2 9 , 	2006
Appearances: Reich, Adell, Crost & Cvitan by Carlos R. Perez, Attorney, for Hesperia
Education Association, CTA/NEA; Atkinson, Andelson, Loya, Ruud & Romo by Sherry G.
Gordon, Attorney, for Hesperia Unified School District.
Before Duncan, Chairman; McKeag and Neuwald, Members.
DECISION
NEUWALD, Member: This case is before the Public Employment Relations Board
(PERB or Board) on exceptions filed by the Hesperia Unified School District (District) to an
administrative law judge's (ALJ) proposed decision. 	The charge alleged that the District
violated the Educational Employment Relations Act (EERA)1 by retaliating against certificated
teachers Scott Johnson and Lee Samuels because of their activities on behalf of the Hesperia
Education Association, CTA/NEA (Association). 	The Association alleged that this conduct
constituted a violation of EERA section 3543(a) and (b).
By letter dated December 13, 2006, the District withdrew its appeal of the proposed
ALJ decision and requested that PERB consider the case closed.
EERA is codified at Government Code section 3540, et seq. Unless otherwise indicated,
all statutory references herein are to the Government Code.

After reviewing this request and the entire record in this matter, the Board finds that
granting this request is in the best interest of the parties and is consistent with the purposes of
EERA.
DISCUSSION
Sometimes after a case has reached the Board itself, there is a request from the parties
to withdraw the case at the Board level. The Board reviews each request of this nature to
determine whether granting it would be consistent with the governing statute and in the best
interests of the parties. 	(Orange Unified School District (2001) PERB Decision No. 1437.)
In cases where exceptions have been filed, the Board is guided by PERB Regulation
323202, which provides, in pertinent part:
(a) The Board itself may:
(1) Issue a decision based upon the record of hearing, or
(2) Affirm, modify or reverse the proposed decision, order the
record re-opened for the taking of further evidence, or take such
other action as it considers proper.
It is clear that the Board has the discretion to grant or deny the request and to allow the
withdrawal of a charge and complaint, and to vacate a proposed decision. 	(ABC Unified
School District (1991) PERB Decision No. 831b.)
In this case, the District has requested to withdraw its appeal of the ALJ's proposed
decision. 	Therefore the substance of the ALJ's decision and the decision itself stands. 	The
Board concludes that it effectuates the purposes of EERA to permit withdrawal of the
exceptions related to the appeal of the ALJ's proposed decision in this case.
N	2
PERB regulations are codified at California Code of Regulations, title 8,
section 31001, et seq.

ORDER
It is hereby ORDERED that the request by the Hesperia Unified School District to
withdraw the exceptions to the administrative law judge's proposed decision in Case Nos.
LA-CE-4666-E, LA-CE-4704-E and LA-CE-4780-E is hereby GRANTED.
Chairman Duncan and Member McKeag joined in this Decision.
w	3