Oakland Unified School District (PERB A044E)

STATE
	OF
	CALIFORNIA
DECISION
	OF
	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
OAKLAND
	SCHOOL
	EMPLOYEES
	ASSOCIATION,
Employee
	Organization,
APPELLANT,
and
UNITED
	TEACHERS
	OF
	OAKLAND,
/
LOCAL
	771,
	AFL-CIO,
Employee
	Organization,
and
OAKLAND
	UNIFIED
	SCHOOL
	DISTRICT,
Employer.
)
)
)	
Case
	Nos.
	SF-R-120
SF-R-258
SF-R-273
PERB
	Order
	No.
	Ad-44
Administrative
	Appeal
August
	16,
	1978
)
)
)
)
)
)
)
)
)
)
)
)
)
)
_____________________
)
Appearances:	
Andrew 	Thomas
	Sinclair,
	Attorney 	for
	Oakland
School
	Employees
	Association;
	Robert
	J.
	Bezemek,
	Attorney
(Van
	Bourg,
	Allen,
	Weinberg
	and 	Roger)
	for
	United 	Teachers
	of.
Oakland, 	Local 	771,
	AFL-CIO;
	Oakland
	Unified
	School
	District
made 	no
	appearance.
Before
	Gluck,
	Chairperson;
	Gonzales
	and
	Cossack
	Twohey, 	Members.
DECISION
Oakland 	School
	Employees
	Association 	(hereafter
	OSEA)
appeals 	the
	administrative 	decision 	of 	the 	executive
	assistant
to 	the
	Boara
	to 	extend 	the 	time
	period 	allowed 	for 	the
employee
	organizations 	in
	this
	case 	to
	file
	showings
	of
	employee
support
	which 	would
	enable
	them
	to 	appear
	on
	the
	ballots 	in
	two
classified 	unit 	elections.
1
1
Public 	Employment 	Relations 	Board 	(hereafter 	Board).

FACTS
The 	Board's 	Oakland 	Unified 	School 	District 	decision 2
created 	three 	appropriate 	classified 	negotiating 	units 	- 	a
custodial 	unit, 	a 	kindergarten 	through 	grade 	12 	paraprofessional
unit 	and 	a 	children's 	center 	paraprofessional 	unit. 	The 	initial
order 	in 	that 	decision 	provided 	that 	in 	order 	to 	appear 	on 	the
election 	ballots 	in 	the 	custodial 	unit 	the 	employee
organizations 	must 	demonstrate 	to 	the 	Board 	at 	least 	30 	percent
employee 	support 	in 	that 	unit 	within 	10 	workdays 	after 	the
employer 	posted 	the 	notice 	of 	decision. 	The 	order 	erroneously
failed 	to mention 	the 	same 	reouirement 	in 	connection 	with 	the
kindergarten 	through 	grade 	12 	and 	children's 	center
paraprofessional 	units.
Shortly 	after 	the 	decision 	was 	posted, 	OSEA made 	an 	inquiry
to 	the 	Board 	regarding 	when 	the 	showing 	of 	support 	was 	due 	for
the 	two 	paraprofessional 	units. 	OSEA 	did 	not 	inform 	the 	Board
of 	the 	omission 	in 	the 	order 	and 	the 	Board 	did 	not 	discover 	it.
One 	day 	prior 	to 	the 	end 	of 	the 	10 	workday 	posting 	period, 	the
Board 	became 	aware 	of 	the 	error 	when 	United 	Teachers 	of 	Oakland,
Local 	711, 	AFL-CIO 	(hereafter 	UTO) 	made 	a 	similar 	inquiry 	to 	the
Board 	regarding 	when 	the 	showing 	of 	support 	was 	due 	for 	the 	two
paraprofessional 	units.
When 	the 	error 	was 	brought 	to 	the 	attention 	of 	the
executive 	assistant 	to 	the 	Board, 	he 	issued 	a 	revised 	order
which 	specified 	that 	the 	employee 	oroanizations 	must 	demonstrate
2 (4/14/78) 	PERB 	Decision 	No. 	50.
2

at 	least
	30
	percent
	employee
	support 	in
	the
	paraprofessional
units
	in 	order 	to
	appear
	on
	the
	election
	ballots.
	He
	also
notified
	the
	parties 	that,
	because
	of
	the
	error,
	they
	would 	have
an
	additional
	10
	workdays
	from
	the
	date 	of
	service
	of
	the
revised
	order 	to
	file
	the
	required 	support.
	OSEA
	protests 	this
extension
	of 	time.
UTO
	qualified
	for 	the
	ballots
	in
	both
	units
	during
	the
extended 	filing_
period.
	OSEA
	aualified
	for 	the
	ballot
	in
	the
kindergarten
	through 	grade
	12
	paraprofessional 	unit
	during 	the
10 	workday
	filing
	period 	the
	first
	order
	failed
	to
	notice.
	OSEA
failed
	to
	qualify
	for 	the
	ballot
	in 	the
	children's
	center
paraprofessional
	unit.
DISCUSSION
In
	its
	app~al
	of
	the 	executive
	assistant
	to 	the 	Board's
decision
	to 	allow
	additional
	time
	to
	file
	showinos
	of 	support,
OSEA
	aroues
	that
	the 	decision
	should 	not
	have 	been
	made
	ex
	parte
and
	that
	OSEA
	should
	have 	been
	given
	an
	opportunity 	to
	object.
It
	also
	argues
	that
	UTO
	could 	not
	be
	prejudiced
	by
	the 	omission
in 	the 	order
	because
	Board
	rule
	33480	
specifies
	the 	time
within
	which
	the
	showinos
	of
	interest
	must 	be
	filed.
3
calif.
	Admin. 	Code,
	tit.
	8, 	section
	33480, 	which
provides:3
Elioibility
	to
	Appear 	on
	Ballot.
	Any
employee
	organization
	which 	was 	a
	party 	tothe 	representation 	hearing
	may
	appear
	on
	the
election 	ballot
	provided
	that 	during 	the
	10
workday
	posting 	period 	of 	the 	notice 	ofBoard 	decision 	the 	Regional 	Director 	is
satisfied 	that 	the 	organization 	has
evidenced 	at 	least
	30
	percent 	support 	in 	the
unit 	found 	to 	be 	appropriate 	by 	the 	Board.
3

The 	Board 	dismisses 	this 	appeal 	because 	it 	concerns 	a
matter 	which 	is 	not 	appealable. 	The 	Board 	order 	was 	published
in 	incomplete 	form. 	The 	executive 	assistant 	to 	the 	Board
corrected 	the 	omission 	by 	issuing 	the 	revised 	order 	and 	by
allowing 	the 	parties 	an 	additional 	10 	workdays 	to 	demonstrate
employee 	support 	in 	the 	paraprofessional 	units.
The 	Board's 	correction 	of 	a 	mechanical 	error 	is 	a 	matter 	of
internal 	Board 	procedure. 	Any 	resulting 	effect 	on .the 	parties
only 	remedies 	the 	adverse 	effect 	of 	the 	original 	omission. 	A
party 	favored 	by 	the 	omission 	cannot 	turn 	its 	advantage 	into 	a
matter 	of 	right. 	And 	the 	Board 	is 	obligated 	to 	restore 	the
rights 	of 	the 	other 	parties 	lost 	through 	the 	inadvertance.
Since 	the 	Board's 	correction 	of 	its 	error 	does 	not 	concern
the 	rights 	of 	the 	parties, 	this 	matter 	is 	not 	appealable. 	Since
the 	matter 	is 	not 	appealable, 	OSEA's 	arguments 	which 	go 	to 	the
rights 	of 	the 	parties 	are 	not 	relevant.
ORDER
The 	Public 	Employment 	Relations 	Board 	ORDERS 	that:
The 	appeal 	from 	the 	executive 	assistant 	to 	the 	Board's
decision 	to 	extend 	the 	time 	period 	allowed 	for 	the 	employee
organizations 	to 	file 	showings 	of 	employee 	support 	in 	two
paraprofessional 	units, 	is 	dismissed.
B;::?" I§t{ymo-nd 	J/Gon,,z'~ies, fiember 	Harfy 	Glu6i/, 	Chairperson
/j/'ilou 	Cossack 	Twohey, 	Memoer: 	V
4

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4•068772E174
	06/23/78	
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IPMRNCZ
	CSP
	OAKB
q1b3223088
	DH
	TORN
	SACRAMENTO
	CA
	76
	06•23 	0615P
	EST
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
q23 	12
	ST
	SUITE 	201
SACRAMENTO
	CA
	q4814
THIS
	MAILGRAM
	IS
	CONFIRMATION
	COPY 	OF
	FOLLOWING
	MESSAGE&
-
JIM
	TAMM, 	SAN
	FRANCISCO
	REGIONAL
	OFFICE
	PUBLIC
	EMPLOYMENT
	RELATIONS
BOARO
177
	POST
	ST
	qTH
	FLOOR
SAN
	FRANCISCO	
CA	
q41oa
RE
	OAKLAND
	UNIFIED
	SCHOOL
	DISTRICT
	CASE
	NUMBERS
	SF•R•120, 	258, 	273,
PERB
	DECISION
	NUMBER
	SO,
DUE 	TO
	INCOMPLETE
	LANGUAGE
	REGARDING
	SHOWING
	OF
	SUPPORT 	IN
	ABOVE
CAPTIONED
	CASE
	ON
	EXTENSION
	OF
	10
	DAVS
	TO
	DEMONSTRATE
	REQUISITE
	SUPPORT
IN
	THE
	PARAPROFESSIONAL
	UNIT
	ANO
	CHILORENS
1 S
CENTER
	PARAPROFESSIONALUNIT
	TO
	THE
	REGIONAL 	DIRECTOR
	WILL
	BE
	PROVIDED,
	ADDITIONAL 	TIME
	TO 	RUN
FROM
	DATE
	OF
	SERVICE
	OF
	ERRATA,
STEVEN 	BARBER, 	EXECUTIVE 	ASSISTANT
	TO
	THE
	BOARD,
	PUBLIC
	EMPLOYMENT
RELATIONS
	BOARD,
	923
	12TH 	STREET
	SUITE 	201
	SACRAMENTO
	CA
	95814
18115	
EST
MGMCOMP
	MGM