Children of Promise Preparatory Academy (PERB A401E)

OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
CHILDREN OF PROMISE PREPARATORY
ACADEMY,
and
Employer, 	Case No. LA-RR-1213-E
Request for Stay
INGLEWOOD TEACHERS ASSOCIATION, 	PERB Order No. Ad-401
Petitioner. 	October 4, 2013
Appearances: Bartsch and Haven by Duane Bartsch, Attorney, for Children
of
Promise
Preparatory Academy; California Teachers Association by Jean Shin, Attorney, for Inglewood
Teachers Association.
DECISION AND ORDER
HUGUENIN, Member: This case is before the Public Employment Relations Board
(PERB or Board) on a request filed by Children
of
Promise Preparatory Academy (Academy)
on August 20, 2013, pursuant to PERB Regulation 32370, for a Stay
of
Activity pending the
Academy's appeal
of
an administrative determination (Determination) certifying Inglewood
Teachers Association (ITA) as the exclusive representative
of
a unit
of
certificated employees
PERB Regulation 32370 provides:
An appeal will not automatically prevent the Board from
proceeding in a case. 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. The
Board may stay the matter, except as is otherwise provided in
these regulations.
PERB Regulations are codified at California Code
of
Regulations, title 8,
section 31001 et seq.
2 EERA is codified at Government Code section 3540 et seq.
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
CHILDREN OF PROMISE PREPARATORY
ACADEMY,
Employer,
and
INGLEWOOD TEACHERS ASSOCIATION,
Petitioner.
Case No. LA-RR-1213-E
Request for Stay
PERB Order No. Ad-401
October 4, 2013
Appearances: Bartsch and Haven by Duane Bartsch, Attorney, for Children of Promise
Preparatory Academy; California Teachers Association by Jean Shin, Attorney, for Inglewood
Teachers Association.
Before Huguenin, Winslow and Banks, Members.	Before Huguenin, Winslow and Banks, Members.
DECISION AND ORDER
HUGUENIN, Member: This case is before the Public Employment Relations Board
(PERB or Board) on a request filed by Children of Promise Preparatory Academy (Academy)
on August 20, 2013, pursuant to PERB Regulation 32370,'
1
for a Stay of Activity pending the
Academy's appeal of an administrative determination (Determination) certifying Inglewood
Teachers Association (ITA) as the exclusive representative of a unit of certificated employees
of
the Academy, pursuant to the Educational Employment Relations Act (EERA).	of the Academy, pursuant to the Educational Employment Relations Act (EERA).2
PERB Regulation 32370 provides:
An appeal will not automatically prevent the Board from
proceeding in a case. 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. The
Board may stay the matter, except as is otherwise provided in
these regulations.
1
PERB Regulations are codified at California Code of Regulations, title 8,
section 31001 et seq.
2 EERA is codified at Government Code section 3540 et seq.

Academy's submission fails to meet the requirements
of
our regulation. The
Academy's Request for Stay asserts that the Board agent's Determination should be stayed
pending appeal because the Determination prejudiced the Academy. Other than this
conclusory claim
of
prejudice, the Academy offers no pertinent facts or justification as
required under PERB Regulation 32370.
After full review
of
this issue, including the Academy's appeal, the Academy's Request
for Stay, and ITA's opposition thereto, the Board denies the Academy's request for a stay,
sufficient cause therefore not having been demonstrated.
The Academy's Request for Stay
of
Activity is hereby DENIED.
Members Winslow and Banks joined in this Decision.
2
The Academy's submission fails to meet the requirements of our regulation. The
Academy's Request for Stay asserts that the Board agent's Determination should be stayed
pending appeal because the Determination prejudiced the Academy. Other than this
conclusory claim of prejudice, the Academy offers no pertinent facts or justification as
required under PERB Regulation 32370.
After full review of this issue, including the Academy's appeal, the Academy's Request
for Stay, and ITA's opposition thereto, the Board denies the Academy's request for a stay,
sufficient cause therefore not having been demonstrated.
The Academy's Request for Stay of Activity is hereby DENIED.
Members Winslow and Banks joined in this Decision.
N