Los Angeles Unified School District (PERB A002E)

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Professional Educators

of Los Angeles

in appeal of
Administrative Decision

STATE OF CALIFORNIA
EDUCATIONAL EMPLOYMENT RELATIONS BOARD

et ce Sane Niet Nanette art Nase net” ann

ORDER

Case No. LA-R-687

EERB Order No. Ad-2

The Direction of Election by the Los Angeles Regional Director,

in the above captioned matter, is sustained by the Board itself.

The Board denies the Appeals and Motion for Relief from the
Directed Election Order by PELA filed herein December 16, 1976

and December 21, 1976.

The timing and nature of the matters alleged as unfair practices

and the matters raised in the appeals from the directed election

are such that the election may be conducted as scheduled.

Any party to the election has the right to file post-election

objections to conduct affecting the results of the election as

Code Sections 33580 and-33590 and may have

provided by Cal. Adm.

a hearing and Board decision thereon pursuant to Sections 33630

and 33640.

Educational Employment Relations Board

by ; ~
< oe ae =\ ene ; Dee \ a

STEPHEN BARBER
Executive Assistant to the Board

1/9/77

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COURT PAPER
S1ATC o, CAt.lFClll...,-lA
Sto_ 11:3 ••tv ,.72,
STATE
	OF
	CALIFORNIA
EDUCATIONAL
	El'!PLOYMENT
	RELATIONS
	BOARD
Los	
Angeles
	Unified
	School
	District,
Employer
-and-
United 	Teachers
	of
	Los
	Angeles,
-
Employee
	Organization
-and-
Professional
	Educators
	of
	Los
	Angeles,
.Employee
	Organization
)
)
)
·))
)·
)
)
)
)	
Case
	No.
LA-R-687	. )
)
)
)
)
"\
J
)
AMENDHENT
	TO
	DIRECTED 	ELECTION
	ORDER
The	
Regional
	Director 	of 	the 	Educational
	Employment
Relations
	Board
	hereby
	amends
	the 	Directed 	Election
	Order,
in
the
	above-captione·d' case, dated
	December
	7,
	1976:
Item
	13 	-
	Date(s),
	Hours, 	and
	Location(s) 	of 	Election
Attachment
	A -
	Polling 	Place 	Location
	Number 	78
Dates: 	January 	12, 	13, 	14,
	1977
Hours: 	7:00am 	- 	5:30pm
* 	* 	*
Any
	party
	may
	obtain	
a	
review 	of 	the 	provisions 	of 	this
Amendment
	to 	Directed 	Election
	Order 	by
	filing
	an 	appeal 	with
the
	Board
	itself
	through 	the 	Executive 	Director, 	within
	10
calendar 	days 	of 	the 	date 	of 	this 	order.
	A copy
	of 	the 	appeal
should 	be 	served 	upon 	each 	of 	the 	other 	parties.
	The 	appeal
should 	contain 	a 	complete 	statement 	setting 	forth 	the 	facts

. .
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COURT PAPER
$TA.TC CY
C.1;.:..1tOJ1:NtA
STD 113 tlll(V
.
•. .,.:,
OSP
and
	reasons
	upon
	which
	it
	is
	based.
Dated:
	December
	15,
	1976	
ORDERED
	BY:
~¥	
~([.
	I	
~t~=z;
Frances
	Kreilin
Regional
	Director
Educational
	Employment
	Relations
Board

EDUCATI0:1AL
EMPLOY'.·\ENT
RELATIONS
	BOARD
DIRECTED ELECTION
Na...-e
of
~~oyer
	IDS
N~
UNIFIED SC~COL
DISTRICT	
Case
Ntn.be.r
IA-R-687
Pursuant
to
California
G::)ve...>T~,ent
CCXle
Section
3540
et.
seq.,
the
P-egional
Director
of
t}1e
Edt.:cational
~loy,:-cnt
Relations
Beard
herelJy
orders
an
Election,
the
provisions
cf
whlch
are as
folla.,.,s:
1.	
Jurisdiction.	
'Ihe J':h?loyer
is
a
p.lblic school
errployer
within the
rreaning
of
·
the
Act;
and
any·
e:;-:;;iloyee
orga-.ization·
n.arred
bela..:
is
·an
e!q?loyee
organization
wit.'1in
the
rreaning
of
the
Act;
and
the
enployees
cescril:c-<l
in
the
appropriate
unit
are
pt.:blic
school
er9lcyees
within
tl1e rre.aninq
of
the
Act.
· . .
2;	
Election.	
A.Tl
elec"-....ion
by
secret
b3J.lot
shall
be
held
under
the
sui;:ervisicn
of the
Educational
B:';?loyrrent
Relations Eoard
R...;c,gional
Director,
a.rn:::,ng
the
ET1ployees
0f the
employer
designated
al:ove
in the unit
define::i
rela..:,
at
the
indicated
ti:.,e and
place,
to
dete...•-;;Iine
,,7:ether
or
not
such
E:7?loyees
cesire
to
be
represented
for
the
prrp::ise
of
rreeting
ar.d
negotiating-by
(one
of)
	the
errployee
organization(s)
desigr.ated
belcw.	
'lhe
election shall
t,e
held
in
accordance
with
SB
160
a'1d
the
applicable
rules
and
regulations
and
pr:.ocedures.of
the
EZRB •
(
, .
.
3. 	Voter
Eligibility.	
.Tne
eligible
voters
shall
be
those
errployees
within
the
unit
descri...,"'-ed
belcw
•,,.;z:o
we.::e
e-nployed
crr.t..'1e
eligibility
cut.off
/:.2.te
ir1cicated bela,;,
including
ec-nployees who
die
not
'\-.Drk
durir,g
said
peric<l
t€cause
-t.;'-iey
'\-:ere
ill
or
on
vacation, leave
of
a.:::isence,
sabbatical
er
te-r;p:,rarily
laid
off,
or
e.,?loyees
in
the
military services·
a£
the
United
States
w'ho
appear
in
person
at
t..'-1e
.i;:oll,
and
•..,no
are
employed
on
the
date
of
the
election.
/
4._._
Voter
Lists.: 	.At.a.date
set
by
the
Regional
Director the
E!T'ployer
shall
furnish
to
the
R...;c,gional
Director
a'1
ac=ate
list
of
all
the
eligible
voters
..
'Ihe
list
shall
be
in
alphabetical order
by
polling location.
c··	
·
·S.
	r-..otice
of
Election.	
T'ne R...oe-ional
Director
sb,.all
oreoa.re
a
Notice·
of
Election
··and
supply
copies
to the
parties
des;ribir:.g
the mar1.rier
and.
cc;duct
of
the
electio:1
to
be
held
and
incorpo.:::at.:i.ng-
therein
a
sa,ple
.:Callot.
	'Ii'1e
parties,
upon
t,':.e re.-:c-uest
of
and
at.a
ti.i."!"e
c.esignated by
the
Regional
Director,
will
:i;ps,t
such
NJtice
of
Election
conspicuously on
all
errployee
bulletin
J::x:.,ards
in
each
facility. of
the
e.-nployer
in
which
rre,l::e.rs of..
the.
tmit
.are
erriployecl.
'-
6;··
Observers.	
Eac.1;
party
will
be
allcwed
to station
an
equal
number
of
author-
ized.
observers
selected
frcm
the
nomranac;er:-ent,
nonsu,::ervisory
Ec.'T:?loyees
of
the
e-a-
ployer
at
t.~e
polling
places during the
election to
assist
in
its
ccnduct,·to chal-
lenge
the
eligibility
of
voters,
and
to verify the Tally
of
Ballots.
	If
tJ1e
unit
consists of
supacvisory
errployees
rhe
parties
rray
designate
su,::e_rvisors
as
ob~ervers.
7. 	Tally'
of
Ballots.	
As SOJn
aft=
the
election
as
feasible,
	t.:"le
ballots shall·
be mingled
and
counted
at
the.
l=ation
designated
below
and
tabulated
by
t,"le R...cgio::al
Director
or
the
R...cgional
Director's
c.esigr,.2.ted
agent.
	Upon
the
conclusion
of the
counting,
	t."le R...cgional
Director
or
desigr..a:tecl
ac;ent
shall
fuinish
a
Tally of Ballots
to
each
of
the
parties.
8~
	Objections
and
Postelection
Pr=e:::ures. 	Object.ions
to the =nduct of
the
election:
or
cond:.ict
affecting
t.'1e
results
of the election, or to
a dete....rmination
of
representatives
based.on
t.'1e
.results thereof,
rray
be
filed
wit..1-i
t.:r.e Rs--gion2l
Director
within
7
cale.'1dar
cays·:after-receipt:
of
foe
Tally-of Ballots.
	Copies
of
such
objec-
tions
must be served u?)n. the other parties
at
the tirre
of filir,g with the
Regional
Director. 	All
ot..'1er
procedures subseqt,ent
to
t.1-ie
conclusion
of
counting
of ballots
and
issuance
of Tally of Ballots shall
be
in
conformity with.
the
EF..RB' s
Rules and
R..og-J.latior.s.
9.
	Runoff
Elections.	
L'1
the event
a
runoff election is
necessary,
it
shall
be
run
at
the
dire:-::t.ion
of
the. P.egional
Director.
10. 	Right
of ~::eal.	
Any
party
rray o::,tain a
review
of
the provisions of
this
Directed Election
C'.:-d~.r
cy
HJ..Lng
an
ar:-;x:al
with the
Board
itself
through the Execu-
tive Director,
wit.k.in
l0"cale::car days
of
t.~e
date of
t.his order.·
	A cor-,y
of the
apf.)2al
should be served
U?=Jn -each
of
U,e
other parties.	
The
appeal
sh::iuld cont.ain
a ccx,:ph,te stat:Eci-:-,.:nt
setting
for.:,'1 t,'1e
facts ard
·
reasons upon v.hlch
it is
based.

11. 	hording en I',: llot. 	h1,ere onl v or.e er.;:ilovee org,:mization is p..,rty to this
Agrecrrent, t..'-:e n,:.-:-~ o{ t.r-,e e::?loyce orgc1niz-1tion sh.:ill a;:s:,ear on t.he !::allot in
addition to tr.e desi~ation ";:-,'O ?EP?~:SE:,l'i,TICN." 	In the event that rrore than one
employee orga.'1ization is pa....>-t.y to this Agrcc:-ent. the choices on t.he b3.llot shall
ap[-€M in the w:Jrding and orc:er enl.?ITeratE:<l !:€la,:, reading fran left to right on the
ballot, or if -necessary, fro.~ top to l:ottcm.
First: 	UNITED TEACHERS OF LOS ANGELES
5ee0nd: 	NO REPRESENTATION
Third: 	PROFESSIONAL EDUCATORS OF LOS ANGELES
12. 	Cutoff Date for Voter Eligibility: 	December 9, 1976
D. 	Date(s), Hours, and I.ocation(s) of Election.
See Attach--re."1.t A
14.--Voter-List To Be R-oeeived by EERS No Later Than: 	Dece:nl:er 14, 1976
15. 	Notices of Election To Be Poste<l No Later Than: 	January 3, 1977
· 16. 	Time and location of Cou.T1ting of Eallots.
9: 00 a.m. Jar1uar_:1 .,:8, J.9 i I - Resolution of out-of-l=ation challe.T1ge<l
rellots. 	CCL~"'T of ballots: 9:00 a.m. Januarv 29, 1977, location of
count: 	I..os .'>.ngeles City Schools ;..c:ni.'1isttatlve Offices, 450 N. Grand,
r..os Ang~les 90051, in the cafeteria.
(
_,
-- 	17. 	The A:oprooriate Cnit
Shall. Th"'CLCD:C:: 	All certificated ffi?loyees, includfog secondary schcol
counselors; Adult School Librarian; l>.dult Vocation Counselor; "'.dvisor, E:·S. hork
Study Education; "'rlvisor, Student Cccupational Placerr.ent; Audic:m:ctrist; Child.re.,' s
Center Teac:-ier; Clinical Psyc::olcgist; Ccorc:inat.i.ng Audiorr.etrist; Ccord.L,ating ?ield
Librarian; Ccordinatir,g Librarian; Ccordir1atir1g Training Teacher; De.-rital Hygenist;
Develop-rent Center Teacher; Educational Audiologist; Ele·nenta.ry School Librarian;
Elerrenta.ry Teacher; Full T.irre P..dult Education Teacher (20 hours or rrore :,>"-..X wee.:.:);
Instructor az,d Se.'1ior Inst_--uctor; Long Term Substitute Teacher; PSA Counselor;
Psychiatric Scx::ial 1·:orker; Scl-.ool ;:-,urse; Schcol Cptanettist; Schcol Psychologist;
School Psychcr:-P-trist.; SeconC?'.-r.f Sell.col Lili:::-aria."1; SecorlC:3.ru..~., Teacher; Ser1ior Ed~ca-
tional Atrliolcgist; Se...':.io~ Schcol Ps~;1cholcgist.; S:;,ecial Education Cou.~elor; S;:e:::ial
Education Librarian; S::ecial Fc.ucation Teacter; Staff Librarian; ;-:ork Ex;::erier,ce
Advisor; You.'1g .Adult C;u.,.,selor; All Day-To-Day Substitute teachers who are paid for
100 days or rrore during the preced.L7.g scl-,ool year; All part-t.irre adult education
teachers w:--,o ,,-ork 10 hours or =re i:e.r week, including all RCC and SETA adult
education teachers ,,-ho ,,-ork ten hours or rro:::-e pe.r week.
Shall D::CTL'DS: 	All other e119loyees, focl uding medical examiners;
psychiatrists;. schcol de.'1tists; school i;hysicians; chest specialists; =nagerial
e:oployees, su~isory e;,ployees and =nfidential e:oployees.
18. 	Special Provisions.
1. 	Each party will be allo:,.·e<l to station one observer at each i;:olling site.
2. 	Absentee Ballots a.re to be provided to eligible voters on leave of
absence (excluding p:isition leaves) whose P..ames and hor:-e addresses. are provide<l to
the EE."8 Ricgional Office by Cecern.ber 14, 1973. 	Said ballots are to l:e rraile<l ~y the
EF.RB no later t.cl-ian January 12, 1977, and must l:e received by t..~e Segional Office no
later than 5 p.m. on January 27, 1977, in order to be counte<l.
Fann E
(ll-7G)

C
Pollinq
	Places	
10am
-
	5:
3Com	
Election
Dates
Friday,
	January
14,
	1977	
1.	
Adams
Junior
High
2.	
Audubon
Junior
	High 	Wednesday,
	January
	12,
	197'.
3. 	Bancroft
Junior
High	
Wednesday,
	January 12,
	197'.
4.	
Belvedere
Junior
High	
yriday,
	January
14,
	1977
5.	
Berendo
Junior
High 	Wednesday,
	January 12,
	197'.
6.	
Bethune
Junior
High	
Friday,
	January
14,
	1977
Wednesday,
	January 12,
	197·	
7.	
Burbank
Junior
High
8.	
Burroughs
Junior
High 	Wednesday,
	January 12,
	197'
9.	
Byrd
Junior
High	
Thursday, 	January 13,
	1977
Friday,.
January 14,
	1977	
10.	
Carnegie
Junior
High
Friday,
	January
14,
	1977	
·11.	
Carver
Junior
High
Friday,
	January
14,
	1977	
12.	
Clay
Junior
High
13.
	Columbus
Junior
High	
Thursday, 	January 13,
	1977
Friday,
	January
14,
	1977	
14.	
Curtiss
Junior
High
Friday,
	January 14,
	1977	
15.
	Dana
Junior
	High
Friday,
	January
14,
	1977	
·16.
	Dodson
Junior
High
Friday,
	January 14,
	1977	
17.
	Drew
Junior
High
Friday,
	January
1~,
	1977	
18. 	Edison
Junior
High
-
Friday,
	January
14,
	1977	
19~-	
El
Sereno
Junior
High
Wednesday,
	January 12,
	197	
20.	
Emerson
Junior
High
Friday,
	January
14,
	1977	21. 	Fleming
Junior
High
Wednesday,
	January 12,
	197	
22.	
Foshay
Junior
High
Thursday, 	January 13,
	1977	
23.	
Frost Junior
High
Thursday, 	January 13,
	1977	
24. 	Fulton Junior
High
Friday, 	January
14, 1977	
25.	
Gage
Junior
High
Friday, 	January
14,
	1977	
26.	
Gompers
Junior
High
Friday, 	January
14,
	1977	
27.	
Griffith
Junior
High
Thursday, 	January 13,
	1977	
28. 	Hale
Junior
High
Friday, 	January 14,
	1977	
29.
	Harte Junior
High
Thursday, 	January 13,
	1977	
30. 	Henry
Junior
High
Friday, 	January 14,
	1977	
31. 	Hollenbeck
Junior
High
Thursday, 	January 13,
	1977
32.
	Holmes
	Junior
	High
Thursday, 	January 13,
	1977
33. 	Hughes
	Junior
High

Polling
Places	
1 0 am. - 	5 : 3 0 om
( 
Election
Dates
Wednesday,
	January
	12,
	197	
34.	
Irving Junior
	High
35.	
King
Junior
	High 	Wednesday,
	January 12,
	197
36.	
Lawrence
Junior
High	
Thursday, 	January
13,
	1977
37.	
Le
Conte
Junior
	High 	Wednesday,
	January 12,
	197
38.	
Maclay
Junior
High	
Thursday, 	January
13,
	1977
Thursday, 	January
13,
	1977	
39.	
Madison
Junior
High 
Wednesday,
	January 12,
	197	
40.	
Mann
Junior
High
Wednesday,
	January 12,
	197	
41.	
Marina Del
Rey
Junior
	High
42.	
Mark
Twain
Junior
High	
Wedn~sday,
	January 12,
	197
43.	
Markham
Junior
High	
Friday,
	January 14,
	1977
44.	
Millikan Junior
High	
wea.nesday,January
12,
	1977
45.	
Mount
Gleason
Junior
High 	Thurs<lay,
	January
13,
	1977
46.	
Mount
Vernon
Junior
High 	Wednesday,
	January 12,
	197
47.	
Muir
Junior
High 	Wednesday,
	January 12,
	197
48.	
Mulholland
Junior
High	
Thursday, 	January 13,
	1977
49.	
Nightingale Junior
High
__
._.:::	
Wednesday,
	~anuary
12,
	197
SO.
	Nimitz
	Junior
	High	
Friday,
	January 14,
	1977
Thursday, 	January 13,
	1977
51. 	Nobel
Junior
High
52.
	NOrthridge
Junior
High	
Thursday, 	January 13,
	1977
53.
	Olive
Vista Junior
High	
Thursday, 	January 13,
	1977
Thursday, 	January 13,
	1977
54. 	Pacoima
Junior
High
Wednesday,
	January 12,
	10"'	
~
I
55. 	Palms
Junior
High
56.
	Parkman
Junior
High	
Thursday, 	January 13,
	1971
Wednesday,
	January 12,
	19~
57.
	Pasteur Junior
High
Friday,
	January 14,
	1977
58. 	Peary
Junior
High
Thursday, 	January 13,
	197~
59.
	Porter Junior
High
Thursday, 	January 13,
	197~
60.
	Portola Junior
High
Wednesday,January 12,
	197'.
61.
	Reed
Junior
High
62. 	Revere
Junior
High	
~ednesday, 	January 12,
	19·
Thursday, 	January 13,
	197"
63.
	San Fernando
Junior
High
64. 	Sepulveda
Junior
	High	
Thursday, 	January 13,
	197"
Thursday, 	January 13,
	197"
65. 	Sequoia
Junior
High
Friday, 	January 14, 	1977
66. 	South Gate
Junior
High
Friday, 	January 14, 	1977
67. 	Stevenson Junior High

ATTACE'.·'.E'.:T
A
Polling
	Places
	10am - 	5:30pm
68.
	Sun
Valley
Junior
	High	
Thursday,
	January
	13,
	1977
69.
	Sutter
Junior
High	
Thursday,
	January	
13,	
1977
70.
	Van Nuys
	Junior
High	
Thursday,
	January
13,
	1977
71.
	Virgil
	Junior
High 	Wednesday,
	January
12,
	1977
72. 	Webster
Junior
High 	Wednesday,
	January
12,
	1977
73.
	White
Junior
High	
Friday,
	January
14,
	1977
74.
	Wilmington
Junior
High	
Friday,
	January
14,
	1977
75. 	Wright
Junior
High	
Friday,
	January
14,
	1977
76.
	E.
	L.A.
	Occupational Center	
Wednesday,
	January
12,
	1977
77. 	Hamilton
High
School	
Wednesday,
	January 12,
	1977
78.
	Central Administrative Offices	
Wednesday,
	January
12,
	1977
79. 	North
Field
Service Center	
·
Thursday.,
	January
13,
	1977
80.	
South
Field
Service 	Center	
Friday,
	January
14,
	1977
81. 	Eagle
Reck
Junior-Senior
High	
Wednesday,
	January
12,
	1977
Election
Dates
NOTE:
	Complete
	list
of schools assigned
to vote
at
	each
polling
	site will.
be shown
on
th~ Notic~
of Election.