Turlock Joint Elementary School District (PERB 1490EA)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
TURLOCK TEACHERS ASSOCIATION,
Charging Party,
V.
TURLOCK JOINT ELEMENTARY SCHOOL
DISTRICT,
Respondent.
Case No. SA-CE-2003-E
Remand from Court
PERB Decision No.
	1490a
February
	19,
	2004
Appearances: California Teachers Association by Priscilla Winslow, Attorney, for Turlock
Teachers Association; Currier & Hudson by Richard
J.
Currier, Attorney, for Turlock Joint
Elementary School District.
Before Baker, Whitehead and Neima, Members.
DECISION
NEIMA, Member: The Public Employment Relations Board (PERB or Board) issued
its PERB Decision No. 1490 on July 17, 2002, finding that the Turlock Joint Elementary
School District (District) violated the Educational Employment Relations Act (EERA)1
by
prohibiting teachers represented by the Turlock Teachers Association (Association) from
wearing buttons in their classrooms to support Association's bargaining demands. On
August 6, 2002, the District appealed this decision to the Fifth District Court
of
Appeal. 	On
October 2, 2003, the Court
of
Appeal issued a published decision vacating the Board's decision
and ordering the Board to issue a new decision dismissing the complaint and the underlying
unfair practice charge.
1EERA is codified at Government Code section 3540 et seq.

On November
7,
2003, the Board filed a petition for review with the California
Supreme Court seeking to overturn the Court
of
Appeal's decision. On January 22, 2004, the
Supreme Court denied the Board's petition for review and ordered the Court
of
Appeal opinion
to be de-published. Accordingly, pursuant to the Court
of
Appeal's decision, the Board now
issues this decision dismissing the Association's unfair practice charge.
ORDER
The unfair practice charge in Case No. SA-CE-2003-E is hereby DISMISSED
WITHOUT LEAVE TO AMEND.
Members Baker and Whitehead joined in this Decision.
2