PERB Decision No. 0043E•Westminster School District (PERB 0043E)
Westminster School District (PERB 0043E)
PERB Decision No. 0043ECalperb16.12.1977
Gesamter Gesetzestext
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ~ STATE OF CALIFORNIA DECISION OF THE EDUCATIONAL EMPLOYMENT RELATIONS BOARD WESTMINSTER PROFESSIONAL EDUCATORS GROUP (PEG) , Charging Party, vs. WESTMINSTER SCHOOL DISTRICT, Respondent. Case No. LA-CE-106 EERB Decision No. 43 December 16, 1977 WESTMINSTER PROFESSIONAL EDUCATORS GROUP (WPEG), Charging Party, vs. WESTMINSTER TEACHERS ASSOCIATION/ CTA/NEA, Respondent. Case No. LA-CO-20 Appearances; Nancy Rudoff for Westminster Professional Educators Group; John L. Bukey, Attorney (Biddle, Walters & Bukey)for Westminster School District; Paul Crost, Attorney (Reich, Adell & Crost) for Westminster Teachers Association/ CTA / NEA . Before Alleyne, Chairman; Gonzales and Cossack, Members. OPINION This case is before the Educational Employment Relations Board upon the appeal by Westminster Professional Educators Group of the General Counsel's dismissal of its unfair practice charge against both the Westminster School District and Westminster Teachers Association/CTA/NEA. 1 The General Counsel, in the attached Ruling on Motions to Dismiss, found it was not an unfair practice under the Educational Employment Relations Act for the District, at the request of the Association, to discontinue membership dues deductions in favor of WPEG upon the certification of the Association as the exclusive representative of an appropriate unit of certificated employees of the District. 1 Hereinafter the Westminster Professional Educators Group will be referred to as "WPEG;" the Westminster School District will be referred to as "District;" and the Westminster Teachers Association/ CTA/NEA will be referred to as the "Association." l/
The issue presented by this case is not the one addressed by the
Ruling on Motions to Dismiss in that the charge does not allege the District
in fact discontinued membership dues deductions in favor of WPEG . The
charge only states in relevant part that the District's superintendent
informed the president of WPEG that he had instructed the District's
payroll clerk to discontinue payroll privileges for WPEG. However, this
does not alter the result we reach . For the reasons stated in the Ruling
on Motions to Dismiss, we conc lude that once an employee ' organization becomes
the exclusive representative of an appropriate unit of e~ployees, it is not
an unfair practice for a school district to discontinue membership dues
deductions for another organization if that organization is an employee
organization within the meaning of Government Code Section 3540.1 {d) . 2
It follows that it was not an unfair practice for the superintendent to
instruct the payroll clerk to discontinue membership dues deductions in
favor of WPEG at the request of the Association upon its certification
as the exclusive representative of an appropriate unit of certificated
employees of the District.
~
By: Raympnd J. Gonzales, Member Regina ld Al l e yn e, Chai rman
Jerilou H. Cossack, Member
2
Gov . Code Sec . 3540 . 1 {d) provides as follows:
"Employee organization" means any organization which
includes employees of a public school employer and
which has as one of its primary purposes representing
such employees in their relations with that public
school employer. "Employee organization" shall also
include any person such an organization authorizes
to act on its behalf.
- 2-) ) ) ___________ ) EDUCATIONAL EMPLOYMENT RELATIONS BOARD OF THE STATE OF CALIFORNIA In the Matter of WESTMINSTER PROFESSIONAL EDUCATORS GROUP (WPEG), Charging Party, vs. WESTMINSTER SCHOOL DISTRICT and WESTMINSTER TEACHERS ASSOCIATION, Respondents. ) ) ) ) ) ) ) Case Nos. LA-CE-106 LA-CO-20 RULING ON MOTIONS TO DISMISS ) ) ) ) BACKGROUND On April 7, 1977, the charging party filed simultaneous charges against the respondents. The charging party alleges that the respondent school district, at the request of the respondent teachers association, discontinued membership dues deductions of the charging party upon the certification of the Westminster Teachers Association as the exclusive representative of an appropriate unit of certificated employees of the Westminster School District.—1/ The charging party contends the respond- ents have violated charging party's rights as found in Government Code Section 3543.l(d), and thus, there has been an unfair practice based on Sections 3543.5(b) and 3543.6(c). Government Code Section 3543.l(d) provides as follows: 1/ The case files of the Educational Employment Relations Board, of which the Hearing Officer takes official notice, show that the Westminster Teachers Association was certified as the exclusive representative on March 23, 1977.
All employee organizations shall have the right to have membership dues deducted pursuant to Sections 13532 and 13604.2 of the Education Code, until such time as an em- ployee organization is recognized as the exclusive re- presentative for any of the employees in an appropriate unit; and then such deduction as to any employee in the negotiating unit shall not be permissible except to the exclusive representative. The charging party's contention is that Section 3543.l(d) states that only a "recognized" exclusive representative is entitled to exclusive membership dues deductions, and inasmuch as the Westminster Teachers As- sociation was "certified" as the exclusive representative, then Section 3543.l(d) does not preclude membership dues deductions to be made for the charging party.— 2/ The Westminster Teachers Association filed an answer and motion to dismiss on May 4, 1977. The Westminster School District filed its answer . on May 12, 1977. On May 23, 1977, the District joined the Westminster Teachers Association in its motion to dismiss. No response to the motion was filed by the WPEG in a timely manner. DISCUSSION The sole issue presented in this case is one of statutory interpre- tation. In analyzing this particular section of the Educational Employment Relations Act, the exact phraseology used in a particular section is not as significant as the general tenor and scope of the entire act. "While the intention of the Legislature must be ascertained from the words used to express it, the manifest reason and obvious design of the statute should not 2/ The pertinent Government Code sections are: 3540.l(b) : "Certified organization" or "certified employee organization" means an organization which has been certified by the board as the exclusive representative of the public school employees in an appropriate unit after a proceeding under Article 5 (com- mencing with Section 3544). - 2 -
3540.l(e): "Exclusive representative" means the employee organization recognized or certified as the exclusive negotiating repre- sentative of certificated or classified employees in an ap- propriate unit of a public school employer. 3540.1(1): "Recognized organization" or "recognized employee organiza- tion" means an employee organization which has been recog- nized by an employer as the exclusive representative pur- suant to Article 5 (commencing with Section 3544) . be sacrificed to a literal interpretation of such language." Los Angeles v. Barrett, 153 Cal. App. 2d 776, 782 (1959). Thus, the literal meaning of the words of a statute may either be disregarded to give effect to the manifest purpose of the statute, Smith v. Mt. Diablo Unified School District, 56 Cal. App. 3d 412, 418 (1976), or, under the rule of noscitur £ sociis, the meaning of a particular word may be en- larged by reference to the object or purpose of the whole clause in which it is used. People v. Stout, 18 Cal. App. 3d 172 (1971). The manifest purpose of the EERA, as stated in Government Code Section 3540 and derived from reading the entire Act, is to allow em- ployees, if they so choose, "to select one employee organization as the exclusive representative of all employees in an appropriate unit". And the object of Section 3543.l(d) is clearly to provide to only an ex- clusive representative the right to have membership dues deducted from employees' payroll warrants. It is inconceivable that the Legislature meant that an employee organization which became certified as the ex- clusive representative by the EERB would not be entitled to the same rights under the Act with respect to dues deductions as that accorded an exclusive representative which was voluntarily recognized. To conclude otherwise would render the express purpose of the Act meaningless and reduce to a nullity Section 3543.l(d). Such a result was never intended by the Footnote 2 (continued) — 3—
Legislature}/ Based on the foregoing, and considering the overall purpose and policy of the Act, the statutory history of the Act, and public policy, the respondents' motions to dismiss are GRANTED and the charges are hereby dismissed. The charging party may obtain a review of the dismissal by filing an appeal to the Board itself within ten (10) calendar days after service of this dismissal. Such appeal · must be in writing, signed by the party or its agent, and contain the facts and arguments upon which the appeal is based. EERB Regulation 35007(b). Dated: May 24, 1977. WILLIAM P. SMITH, JR. General Counsel By: ------------------ Jeff Paule Hearing Officer JI Charging party's reliance on the literal definition of words and phrases cuts against the charging party: The charging party stresses the word "re - cognized" in the first phrase of Section 3543 .1 (d) , which states, "all em - ployee organizations shall have the right to have membership dues deducted ... until such time as an employee organization is recognized as the exclu - sive representative" . The charging party ignores, however, the subsequent phrase, "and then such deduction as to any employee in the negotiating unit shall not be permissible except to t~e exclusive representative" (emphasis added) . Referring back to Section 3540 .1 (e), "exclusive representative" is defined to mean the employee organization recognized or certified as the ex - clusive representative. Perhaps the most rational and sensible way in which to interpret this section of the Act is to say that after an employee organization becomes the exclusive representative by winning a representation el~ction, the employer is then forced to recognize that employee organization as the exclusive representative. In reality, this is precisely what occurs. -4-
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