Jefferson School District (PERB A022E)

STATE
	OF
	CALIFORNIA
DECISION
	OF
	THE
	EDUCATIONAL
EMPLOYMENT
	RELATIONS
	BOARD
JEFFERSON
	SCHOOL
	DISTRICT,
Employer,
and
AMERICAN
	FEDERATION
	OF
	TEACHERS,
LOCAL
	3267,
Employee
	Organization,
and
JEFFERSON
	CLASSROOM
TEACHERS
ASSOCIATION,
Employee
	Organization,
APPELLANT.
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Case 	No. 	SF-D-12
EERB
	Order
	No. 	Ad-22
December
	30,
	1977
ORDER
The
	decision
	of
	the
	Executive
	Director, 	in
	the 	above-captioned
matter,
	instructing
	the
	San
	Francisco 	Regional
	Director 	to
	stay
	all
further
	proceedings
	in
	the 	representation
	case
	until
	there
	has
	been
resolution 	of 	the
	unfair 	practice
	charges
	SF-CE-33 	and 	SF-C0-6
	is
sustained
	by
	the
	Boar~
	itself.
Educational
	Employment
	Relations
	Board
by
STEPHEN 	BARBER
Executive 	Assistant 	to 	the 	Board
Jerilou
	Cossack 	Twohey, 	Member, 	concurring.
I 	agree 	that 	the 	decision 	of 	the 	Executive 	Director 	should be
sustained. 	The 	Executive 	Director 	did 	not 	articulate 	his 	reasons

for
	concluding
	that
	the
	resolution
	of 	the
	unfair 	practice
	charges
in
	cases
	numbered
	SF-CE-33
	and
	SF-C0-6
	may
	significantly
	influence
the
	outcome
	of
	any
	election
	held
	in
	the 	captioned
	matter.
	I 	am,
therefore,
	unable 	to
	support
	his
	reasoning.
As
	I
	have
	repeatedly
	stated,
	I
	believe 	that
	an
	administrative
agency,
	as
	Justice
	Tobriner
	writing 	for
	the
	California
	Supreme
Court
	stated,
	"must
	set
	forth
	findings
	to
	bridge 	the
	analytic
	gap
between
	the
	raw
	evidence
	and
	ultimate 	decision 	or 	order
....
	Among
other
	functions
	a
	findings
	requirement 	serves 	to
	conduce
	the
	adminis-
trative
	body
	to
	draw
	legally
	relevant
	subconclusions
	supportive
	of
its
	ultimate
	decision; 	the 	intended
	effect
	is
	to
	facilitate
	orderly
analysis
	and minimize
	the
	likelihood 	that
	the
	agency
will
	randomly
leap
	from
	evidence 	to
	conclusions
....
	They
	also
	serve
	a
	public
relations
	function
	by
	helping 	to 	persuade
	the
	parties 	that
	adminis-
trative
	decision-making
	is
	careful,
	reasoned,
	and
	equitable."
Topanga
	Assn.
	v.
	County
	of
	Los
	Angeles,
	11
	Cal.3d
	506,
	113
	Cal.Rptr.
836
	(1974). 	This
	is 	particularly
	true 	in
	a
	case with 	broad
	policy
implications,
	such 	as
	this
	one.
	However, 	a
	majority 	of 	the
	Board
has
	elected
	not
	to
	set 	forth
	its
	findings
	of 	fact
	and
	conclusions
of
	law.
	It
	would
	be 	an
	exercise 	in
	futility
	for
	me,
	as
	one
	member,
to
	do
	so,
	since
	neither
	the
	parties
	nor
	any
	reviewing
	court
	could
rely
	upon 	one 	member's
	opinion
	as
	accurately
	reflecting
	the 	reason-
ing
	of
	the
	Board 	as
	a
	whole.
Jerilou
	Cossack
	Twohey, 	Member

ST ATE OF CAllfOIINIA 	ST ATE OF CAllfOIINIA
EDUCATIONAL 	EMPLOYMENT RELATIONS 	BOARD
'Aeodquarters Office
23 	12th Street, Suite 201
Sacramento, California 	95814
(916) 322-3088
November n, 	1977
Re: 	Jefferson Elementary School District, 	SF-C0-6, 	SF-CE-33
Dear Parties:
After a review of the October 26, 	1977, 	appeal 	filed 	by 	the Jefferson
Classroom Teachers Association from the decision of 	Regional 	Director
James W. 	Tamm, 	dated October 18, 	1977, 	directing an election among 	the
Certificated Employees of Jefferson School District 	upon 	the 	Decertification
Petition of American Federation of Teachers, 	Local 	3267; 	I 	find 	that 	the
decision 	is 	reversed and 	the Regional 	Director 	is 	instructed 	to 	stay 	all
further 	proceedings 	in the representation case until 	there has 	been 	resolu-
tion of 	the unfair 	practice charges, 	SF-CE-33 and 	SF-C0-6.
Based upon an investigation of 	the allegations 	raised 	in case 	numbers
SF-CE-33 and 	SF-C0~6 and an evaluation of 	the Memorandum in Support 	of 	the
Decislon of 	the Regional Director dated November 4, 	1977, 	and 	filed 	by
American Federation of Teachers, 	Local 3267, 	and 	the Response 	to 	Appeal 	to
Direction of Election dated November 4, 	1977, 	and 	filed by 	the 	Jefferson School
District, 	I have 	concluded that 	resolution of 	the unfair practice charges,
SF-CE-33 and SF-C0-6, 	may significantly influence 	the outcome of 	the 	election;
and 	therefore, 	pursuant 	to Section 33620 of Part 	III, 	Title 8, 	California
Administrative Code, 	the decision of 	the Regional 	Director 	is hereby 	reversed
and 	the Regional Director 	is 	instructed 	to stay all 	further 	proceedings 	in
the 	representation case until 	there has 	been resolution of 	the 	pending unfair
practice 	proceedings.
An appeal 	from 	this 	decision may be made within 	ten calendar days 	of
receipt of 	this 	communication, 	stating the 	facts 	upon which 	the appeal 	is
based and 	filed with 	the Executive Assistant 	to 	the 	Hoard, 	Mr. 	St0plien 	Barbt.:r,
at 	923 	12th Street, 	Suite 201, 	Sac1·amento CA 95814. 	Cupies ot' 	;iny 	df)\JL!al
must 	bt: St.!rved upo_n 	all 	other 	varties 	tu 	this 	action with ctn 	addition:1l .copy
to 	the 	San 	Francisco 	Regional Office.
Sincerely,
Q.,k"-~-~Charles 	L. 	Cu Lt.:
Executive Director
CLC/tz