Victor Valley Community College District (PERB A317E)

________________________
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
PART-TIME FACULTY UNITED, AMERICAN
FEDERATION OF TEACHERS,
Charging Party,
v.
VICTOR VALLEY COMMUNITY COLLEGE
DISTRICT/VICTOR VALLEY COLLEGE
FACULTY ASSOCIATION, CTA/NEA
(INTERVENOR),
Respondents.
Case No. LA-CE-4349-E
Administrative Appeal
PERB Order No. Ad-317
October 30, 2002
Appearances: Law Offices of Robert Bezemek by Martin Fassler, Attorney, for Part-Time
Faculty United, American Federation of Teachers; Liebert Cassidy Whitmore by Mary Dowell,
Attorney, for Victor Valley Community College District; California Teachers Association by
Michael D. Hersh, Staff Counsel, for Victor Valley College Faculty Association, CTA/NEA.
Before Baker, Whitehead and Neima, Members.
DECISION
BAKER, Member: This case is before the Public Employment Relations Board (PERB
or Board) on a motion by the Part-Time Faculty United, American Federation of Teachers
(AFT), that the Board transfer this case to the Board itself for issuance of a decision pursuant
to PERB Regulation 32215.1
1 PERB regulations are codified at California Code of Regulations, title 8, section
31001, et seq. Regulation 32215 reads as follows:
A Board agent shall issue a written proposed decision or submit
the record of the case to the Board itself for decision pursuant to
instructions from the Board itself. The Board shall serve the
proposed decision on each party. Unless expressly adopted by
the Board itself, a proposed or final Board agent decision,

________________________
After reviewing AFT’s request and the oppositions filed by the Victor Valley
Community College District and the Victor Valley College Faculty Association, CTA/NEA,
the Board declines to exercise its discretion to transfer this case to the Board itself for decision,
based upon a finding that it is in the best interest of Educational Employment Relations Act
(EERA)2 and the parties that this case proceed through the issuance of a proposed decision by a
PERB administrative law judge.
ORDER
The request by the Part-Time Faculty United, American Federation of Teachers that the
Board transfer Case No. LA-CE-4349-E to the Board itself for issuance of a decision is hereby
DENIED.
Members Whitehead and Neima joined in this Decision.
including supporting rationale, shall be without precedent for
future cases.
2 EERA is codified at Government Code section 3540, et seq.
2