PERB Order No. A135E•Antioch Unified School District (PERB A135E)
Antioch Unified School District (PERB A135E)
PERB Order No. A135ECalperb30.03.1983
Gesamter Gesetzestext
STATE OF CALIFORNIA DEC IS ION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD ANTIOCH UNIFIED SCHOOL DISTRICT, Employer, APPELLANT, and CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION AND ITS ANTIOCH CHAPTER 41: 8 5, Employee Organization. ) ) ) ) ) ) ) ) ) ) ) ) ____________________ ) Case No. SF-UM-243 PERB Order No. Ad-135 Administrative Appeal March 30, 1983 Appearances: Michael Aidan for California School Employees Association and its Antioch Chapter 41:85; Paul M. Loya, Attorney (Atkinson, Andelson, Loya, Ruud & Romo) for Antioch Unified School District. Before Jaeger, Morgenstern and Burt, Members. DECISION BURT, Member: This case is before the Public Employment Relations Board (PERB or Board) pursuant to PERB regulation 32360,1 as an administrative appeal of the regional representative's April 12, 1982 dismissal of a unit modification petition filed March 19, 1982 by the Antioch Unified School District (District). The petition filed pursuant to PERB regulation section 3326l(b) (1)2 sought to delete one position as confidential lPERB regulations are codified at California Administrative Code, title 8, part III, section 31001 et seq. 2PERB regulation 33261 (b) (1) provided:
from the classified unit (Unit B) represented by California School Employees Association and its Antioch Chapter #85. The regional representative dismissed the unit modification petition without prejudice based upon the fact that the District did not allege any changes in circumstances regarding the positions in dispute. We find that the unit modification petition was properly dismissed in accordance with the requirements set forth in PERB regulation 3326l(b) (1). Pursuant to that provision, which was applicable at the time the District filed the instant petition, deletions of classifications through unit modification requests were permitted where the classifications were no longer in existence or, by virtue of changes in circumstances, were no longer appropriate to the established unit. The District's failure to satisfy the requirement of that regulation mandated that the petition be dismissed. (b) A recognized or certified employee organization, an employer, or both jointly may file with the regional office a petition for change in unitdetermination pursuant to GovernmentCode section 3541.3(e): (1) To delete classifications no longer ln existence or which by virtue of changes in circumstances are no longer appropriate to the established unit; (Emphasis added.) 2
We
note,
however,
that that
provision
has
since
been
replaced
by
rule
3278l(b)
(5).3 Effective
February
14,
1983,
unit
modification
petitions
which
seek
classification
deletions
will
be
entertained
if
no
lawful
written
agreement or
memorandum
of understanding
is
in
effect
or
if
the
petition is
filed
during the
"window
period"
as
defined
by
our
regulations.
3section
3278l(b)
(5)
provides:
(b) A
recognized
or
certified
employee
organization,
an
employer, or both
jointly
may
file
with
the
regional
office
a
petition
for
change
in
unit
determination:
(5)
To
delete
classification(s)
or
position{s)
not
subject
to
(1)
above which
are not
appropriate
tothe
unit
because
said
classification(s)
or
position(s)
are
management,
supervisory
or
confidential,
provided
that:
(A)
The
petition is filed jointly
by
the
employer
and
the
recognized or
certified
employee
organization,
or
{B)
There
is
not
in
effect
a
lawful
written
agreement or
memorandum
of understanding,or
(C)
That the
petition is filed
during the
"window
period" of
a
lawful written
agreement or
memorandum
of understandingas defined in these
regulations in Section
33020
for
EERA, 40130
for
SEERA
or
51026
for
HEERA.
3ORDER After a review of the entire record in this case, the Public Employment Relations Board ORDERS that the unit modification petition in Case No. SF-UM-243 is hereby DISMISSED. Members Jaeger and Morgenstern joined in this decision. 4
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PUZUC ~,l..:\?t.OYMf.Hr
REU.TlCNS
S-OA~D
Son
F:-:mc:-;.co
R,egional OHicet
177
Pn:-r
St.,
9-:-h
floor
S0n
f;
~ndsc·:.i,
C::lifornia
94108
1,
1
:3)
:357-13.50
April
12, 1982
Mr.
Pa~l
Loya, Atto:cney
Atkinson,
Andelson, Loya,
Ruud
& Raro
1811
Santa
Rita
~oad,
Suite
102
Pleasanton,
California
94566
Mr. Michael Aidan,
Field
Representative
C:lli.Eornia School
Employees
Asscci.aticn
arrl
its
Antioch Chapter
#85
P.
O.
Box
2542
Martinez,
California
94553
Re: -SF-U'1-243
(R-146A)
Jl.nticch
Unified
School
District
Dear
Interested Parties:
On 'March
19,
1982
the
Anticch Unified
School
Di.strict
filed
a
unit
mo:li.ficat:i.on
petition
pursu2
..
nt
to
PERS
Regulation
3326l(b) {l)
to
delete
one p::isition as oonfidcnti.al from
the
classified
unit
(Unit
B)
represented
by
California
Schcol
Employees
Asscciaticn
and
.its
Anti.cch
Chapter
~85.
PERE
Regulation 3326l(b)
(1)
states:
(b) A
reoognizro or
certi.fi.ed
organization,
an employer,
or
both
jointly
may
file
wi.t.1-i
the regional
office
a
petition
for
change
in
u.°'1.it
determination
pu:rsu.3r1.t
to
C··o<1ernment
Cede
seetion
3341.3
(e):
(1) 'I'o
delete classifications
no
lonce.r i.n
existence
or
\•1hi.ch
by
virtue of
changes
in
ci.rcur;i..stas:·:::es
are
no
longer appro:iriate
to
the
established lmit;
(.:...~asis added)
Based upon ·
1.
nf
ormat1on
.
ln
.
t'
ne
m1.1..
.
,_
mc:a
~'
f'
....
.
t'
Lcton
· .
'....
lf
:i.ca'--1cr1
pe
1.1..se_
and di.scussi.ons
held
at
a meetir.g on .?'~pril
6,
1982
with both
par
tics,
i.
t
is
ap;?arent
that
the Di.strict
is
r:ot
alleging
any
cha.'1ge.s
.i.11
c i.rcu.115 tcmces regc:ird in:1 t.he pos
i.
t
ten in
d.ispu.te.
Th2re£or1::,
since
it
a02s
not
conform
to the
r-:=-quire.-nents
of
-,
1 d
t'
1.on
3-,2,-1(')(1'
.:>
th
Pei.SB
~•-• ••
t'L'
•
Re<Ju
o o , , e
un.1.'"
'f-
rr:cx:1
u: 1.canon P2 l 1..ton 1.s
her-eby di.srni.sse:LApr-i.l 12, 1982 Mr. Paul Loya, Attorney Mr~ l•i"i.chael Aldan, Fi.eld Representati.ve This dismissal does not preclude ei.thef party frCTit fi.li.ng a unit m:xli.fi..cation :petition at any ti.me when l:ne crlte.da of PERB Reg-1lation 3326l(b) (1) have been met . . An appeal of this deci.si.on may be m.2.de to t.1-ie Board itself within 10 calendar days of service of thi.s letter by fi.l.ing a statement of the facts upon which t}1e appeal i.s based w.i th the Executive Assistant to the Board at 1031 - 18t.'-l Street, Sacramento, California 958140 Copies of ar1y appeal must be concurrently served upon all parties am the San Frai.7eisco Reg-tonal Office. Proof of service of the a,P?=al must be fi.le::l with. the Executive Assistant. Should you have any questions regarding this matter, please do not hesitate to cont2.ct me. Very truly your~, Jeri.jlyn , I Gelt - sJmor Representative JG: i.r
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