Kelseyville Unified School District (PERB A201E)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
KELSEYVILLE 	UNIFIED 	SCHOOL
DISTRICT,
Employer,
and
CALIFORNIA 	SCHOOL 	EMPLOYEES
ASSOCIATION AND 	ITS 	KELSEYVILLE
CHAPTER 	638,
Exclusive 	Representative,
GROUP 	OF 	EMPLOYEES 	(BY 	DONNA
MURPHEY) I
Petitioner.
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Case 	No. 	SF-D-173
(R-690B)
Administrative 	Appeal
PERB 	Order 	No. 	Ad-201
December 	29, 	1989
Appearances: 	Lozano, 	Smith, 	Smith 	& Woliver 	by 	Loren A. 	Carr,
Attorney, 	for 	Kelseyville 	Unified 	School 	District; 	William
Corman, 	Attorney, 	for 	California 	School 	Employees 	Association 	and
its 	Kelseyville 	Chapter 	638.
Before 	Hesse, 	Chairperson; 	Craib 	and 	Shank, 	Members.
DECISION AND ORDER
HESSE, 	Chairperson: 	The 	Kelseyville 	Unified 	School 	District
(District) 	appeals 	the 	administrative 	determination 	of 	the 	San
Francisco 	Regional 	Director, 	granting 	the 	California 	School
Employees 	Association 	and 	its 	Chapter 	638 	(Association) 	its
request 	to 	stay 	a 	decertification 	election, 	pursuant 	to 	the
Public 	Employment 	Relations 	Board 	(Board) 	Regulation 	32752,
pending 	the 	resolution 	of 	three 	unfair 	practice 	charges 	filed 	by
the 	Association 	against 	the 	District. 	Subsequent. to 	the 	filing

of 	this 	appeal, 	the 	original 	petitioner, 	Group 	of 	Employees 	(by
Donna 	Murphey) 	wit_hdrew 	the 	petition 	for 	decertification. 1
A case 	in 	controversy 	becomes 	moot 	when 	the 	essential 	nature
of 	the 	complaint 	is 	lost 	because 	of 	some 	superseding 	act 	or 	acts
of 	the 	parties. 	(Fontana 	Unified 	School 	District 	(1988) 	PERB
Order 	Ad-169, 	p. 	3, 	citing 	Napa 	County 	Office 	of 	Education 	(1983)
PERB 	Decision 	No. 	282 	and 	Amador Valley 	Joint 	Union 	High 	School
District 	(1978) 	PERB 	Decision 	No. 	74.) 	Since 	the 	underlying
petition 	has 	been withdrawn, 	continuing 	the 	stay 	of 	a
decertification 	election would 	not 	be 	appropriate.
Due 	to 	the 	withdrawal 	of 	the 	underlying 	decertification
petition, 	the 	Board 	ORDERS 	that 	the 	stay 	of 	the 	decertification
election 	is 	hereby 	LIFTED 	and 	the 	appeal 	of 	the 	administrative
determination 	in 	Case 	No. 	SF-D-173 	is 	hereby 	DISMISSED AS 	MOOT.
Members 	Craib 	and 	Shank 	joined 	in 	this 	Decision.
1The 	Board 	takes 	official 	notice 	of 	records 	filed 	with 	its
regional 	offices, 	i.e., 	the 	November 	28, 	1989 	letter 	from 	Donna
Murphey 	withdrawing 	the 	decertification 	petition 	based 	on 	the
dismissals 	of 	Case 	Nos. 	SF-CE-1288 	and 	SF-CE-1302.
2