Gilroy Unified School District (PERB A224E)

STATE
	OF
	CALIFORNIA
DECISION
	OF 	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
GILROY 	UNIFIED
	SCHOOL
	DISTRICT,
Employer,
and
GILROY 	TEACHERS 	ASSOCIATION,
CTA/NEA,
Employee
	Organization,
and
GILROY 	FEDERATION
	OF
	TEACHERS,
CFT/AFT,
Employee
	Organization.
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____________________ )
Case
	No.
	SF-OB-3
(SF-D-188)
(SF-R-215)
Administrative
	Appeal
PERB
	Order
	No.
	Ad-224
November 	14, 	1991
Appearances:	
California
	Teachers
	Association
	by
	A.
	Eugene
Huguenin,
	Jr.,
	Attorney,
	for
	Gilroy
	Teachers
	Association,
CTA/NEA;
	Van
	Bourg, 	Weinberg, 	Roger	
&	
Rosenfeld
	by
	Stewart
Weinberg,
	Attorney,
	for
	Gilroy 	Federation 	of 	Teachers,
	CFT/AFT.
Before
	Shank,
	Camilli
	and
	Carlyle,
	Members.
DECISION
	AND
	ORDER
CAMILLI, 	Member: 	On
	September 	26, 	1991,
	the
	Sacramento
Regional
	Director 	of 	the 	Public
	Employment
	Relations
	Board
(PERB
	or
	Board)
	issued
	an
	administrative 	determination 	in
	Case
No.
	SF-OB-3,
	wherein
	it
	was
	ordered
	that
	the 	election 	in
	Case
No.
	SF-D-188 	be
	set 	aside.
	It
	was
	further
	ordered
	that 	the
	San
Francisco 	Regional 	Director 	not
	certify 	the 	results
	of 	the
election 	tallied
	on 	June 	5, 	1991, 	and
	that
	a 	new
	election
	be
conducted.
	On
	October 	11, 	1991,
	the 	Gilroy 	Teachers 	Association,
CTA/NEA
	(Association) 	filed
	an 	appeal 	to 	the 	administrative
determination 	and 	a
	request 	for 	stay 	of 	the 	election 	ordered

therein.
	On
	November
	12, 	1991,
	the
	Gilroy
	Federation
	of
Teachers,
	CFT/AFT
	filed
	a
	response, 	arguing
	that
	the
	request
	for
a
	stay
	be
	denied,
	and
	urging
	PERB
	to
	uphold
	the
	administrative
determination
	and
	order 	the
	election
	be
	held
	as
	soon
	as
possible.
1
The
	Board
	has
	held
	that
	a
	stay
	will
	be
	granted
	where
	the
conduct
	in
	question
	would 	be
	unnecessary
	if
	the
	Board
	overturned
the 	decision
	of
	a
	Board
	agent.
	(Inglewood
	Unified
	School
District
	(1990)
	PERB
	Order
	No.
	Ad-205.)
	If,
	in 	this
	case,
	the
Board
	should
	reverse 	the
	Board
	agent's 	administrative
determination
	and
	Order,
	a 	new
	election
	would
	be
	unnecessary. 	In
the
	interest
	of
	economy,
	it
	is
	appropriate
	that
	the 	order
	to
	hold
a
	new
	election
	be
	stayed
	pending
	the 	Board's
	decision
	on
	the
merits
	of 	the 	Association's
	appeal 	of
	the 	administrative
determination.
Based
	upon
	the
	above,
	the
	Board
	ORDERS
	that
	the
	election 	in
administrative 	determination
	Case
	No.
	SF-OB-3
	be
	STAYED
	pending
the 	Board's 	decision
	on
	the 	merits 	of
	the 	Association's 	appeal.
Members
	Shank 	and
	Carlyle 	joined
	in 	this
	Decision.
1By
	telephone 	to
	PERB's 	Appeals
	Assistant
	on November 	13,
1991,
	the 	Gilroy 	Unified 	School
	District
	waived
	its 	right 	torespond 	to 	the 	Association's 	appeal 	and 	request 	for 	stay.
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