HISTORICAL NOTE
WARDEN SCHOOL DISTRICT
and
RALPH VILLEGAS
AND
MOXEE SCHOOL DISTRICT
and
RALPH VILLEGAS
DECISION 1235-H (EDUC)
NPER 74.37UNFAIR PRACTICE REMEDIES--TYPES OF
ORDERS--INTERIM RELIEF
Following is an
excerpt from the minutes of the Commission meeting held on March 21, 1980:
"Ms. Symone Scales, counsel for the
Washington Education Association, represented Mr. Villegas. She reviewed the facts and circumstances of
the case and presented argument. Mr.
Rocky Jackson, attorney representing Moxee School District presented
counter-arguments."
"At the conclusion of the arguments, the
Chairman asked if citations could be provided to any National Labor Relations
Board cases dealing with similar circumstances.
None of the parties were aware of any such cases. Following a brief recess, the Chairman
announced that the Commission had considered the arguments and read the
documents. The disposition of the
Commission is that the motion should be denied for several reasons: first, the veritable impossibility of
effectively enforcing such an injunction; second, it would be very difficult to
persuade a court that there are irreparable injuries which could not be
redressed by a monetary award; and third, there is no precedent under the NLRB
in an alleged case of individual discrimination. Accordingly, the motion for temporary relief
should be denied. Commissioners williams
and Leinen concurred."
By: Mary Ellen Krug, Chairman
Robert J. Williams, Commissioner
John H. Leinen, Commissioner
March 21, 1980
_________________________________________________________________
Cases 2531-U-80-364
and 2532-U-80-365