San Diego Unified School District (PERB A004E)

STATE 	OF 	CALIFORNIA
EDUCATIONAL 	EMPLOYMENT 	RELATIONS 	BOARD
ORDER
San Diego Federation of Teachers,
Local 370
in appeal of
Administrative Decision
)
)
)
)
)
)
__________________ )
Case No. 	LA-R-89
EERB Order No. 	Ad-4
The decision of the Los Angeles Regional Director, 	in the above captioned
matter, 	not to order the San Diego'Unified School District to provide
release time for 	the purpose of organizational campaigns and elections is
sustained by the Board itself.
The Board finds 	that 	the Regional Director has correctly interpreted
Section 3543.l(c) 	of the Act.
Educational Employment Relations Board
2/7 /77
STEPHEN BARBER
Executive Assistant to the Board
2/7 /77

• 	•
S:.\il: OF CALIFORNIA
-EDUCATIONAL
- 	-
EMPLOYMENT RELATIONS BOARD
Los Angeles Regional Office
A3550 Wilshire Boulevard, Suite i 708
Los Angeles, California 90010
(213) 736-3 i 27
·
""
January 11, 	1977
"
Hr. 	Wayne Spicer, Ha:nager E'9loyee Relations
San Diego Unified School District
4100 Normal Street
San Diego, 	CA 	92103
Hr. 	Hugh P. 	Boyle, 	President
· San Diego Teachers Association
10393 San Diego Hission Road
San Diego* 	CA 	92108
Hr. 11:i.ke Rigdon, Vice President
San Diego Federation of Teachers, Local 370
4891 Ronson Court, 	Suite J
San Diego, 	CA 	92111
Re: - lA-R-89 and Consent Election Agreerrent
Gentlerren:
Pursuant to a 	letter dated Dece::-ber 15, 	1976 from Mr. 	Spicer informing
us that a nurrber of teachers ,;.;o,..1ld not be involved in "Professional Growth
Day" and thus entirely free 	to vote as would the large rrajority of teachers,
I 	arranged for Mr. 	Jeff Paule, 	cur attorney on the staff, 	to meet with
representatives of all the parties on January S, 	1977 to try to work out an
acceptable acco:rrrodation. 	1:-~. 	Paule reported that it was not possible to
get an agreem2nt from all parties, but t..½at tqe District's representative
assured hlrn ci:iat arrangements ,.Jill be rnade to allow· those e.i:?loyees w-ho
are teaching en February 4 to vote at the nearest polling site.
Therefore, 	I have decided that we ,;.;,ill proceed 'With the election as set
forth in the Agreerrent signed by each of you on December 8, 	1976. 	,,.,
In response to the letter from Frances H. 	Slawiczek dated Decerrber 27, 	1976 \
concerning releasing teaa.,ers 	for a period of ti.m3 prior to the election,
I 	refer you to Section 3543. l 	of t.i.11e Rodda Act whlc.i.11 does not require the
employer to provide release tL-::-e for the purpose of organization campaigns
and elections. 	I, 	therefore, 	decline to 1
'overturn the decision of the San
Diego Superintendent' 1
l
;
1
• 	_,/
Headquarters Olfice
923 12th Street, Suite 201
Sacramento. California 95514
(91!,i) 322·~088
San Francisco Regional Olfice
1390 Market Street, Room 911
San Francisco, California 94102
(415} 557-1350
SaeramE-nlo RE-gional Office
923 12th Street, Suite 300
Sacramen!o, California 95814
· (916) 322•7243

A
..
/."
	..	
•
" 	.
J,
.,
)
•
•
PAGE
2
•
EDOCATIO:·ti\L
EJ1PI.Or.~·2'<"T
RELA.TIO:~S
BOAPJ)
lA-R-89 	and Consent
Election
AgreerT12I1t
January
11, .1977 	.
An
appeal
to
my
decision(s)	
m3.y
be
rmde
with:in
ten
calendar
days
of
receipt
of this letter,
	stating
the
	facts
	upon \.Jhich
the
appeal
is
based and-filed
with	
the
Executive
Director,
	Hr. 	Charles Cole,
	at
	923-12th
Street,
	Suite
	200,
Sacrarre:nto,	
CA	
95814. 	Copies
.of
any appeal must be
served
upon
all
other
parties
	to
this
action
with
an
additional
copy
to
	the
Los
Angeles
Regional
Office.	
·
Very
truly yours,
~d_,/.
__
Frances
A.
Regional Direc!=or
~~
FAK:an
cc: 	Dr.	
Tom
Goodman, 	Superintendent,
	SDUSD
Mr. Louis &>itano, 	Executive
Director,
	SDTA
Hr.
	Dick Arnold,
	AFT
Ms. 	Frances
M.
	Slowiczek, 	~an Diego
Federation
of
Teachers
I.