PERB Order No. A009E•Temple City Unified School District (PERB A009E)
Full text
STATE OF CALIFORNIA EDUCATIONAL EMPLOYMENT RELATIONS BOARD In the Matter of the Administrative Appeal TEMPLE CITY UNIFIED SCHOOL DISTRICT, Employer, APPELLANT and TEMPLE CITY EDUCATION ASSOCIATION, Employee Organization and TEMPLE CITY AMERICAN FEDERATION OF TEACHERS, Employee Organization ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. LA-R-97 EERB Order No. Ad-9 ORDER ______________________ ) It is the determination of the Educational Employment Relations Board that oral argument not be taken in the above-captioned matter. The decision of the Los Angeles Regional Director in the above-captioned matter, denying the district I s request that the designation "No Exclusive Representation" appear on the ballot, is sustained by the Board itself. The Board finds that the Regional Director has correctly interpreted Section 3544.7(a) of the Act. The Board itself further denies the appellant's request to stay the pending election. Educational Employment Relations Board by ,:_:'; ~~:\;)- XJ-4--..- (6 Cw-c/C_,_"'------- STEPHEN BARBER Executive Assistant to the Board 5/5/77 Jerilou H. Cossack, Member, dissenting: On March 10, 1977, the superintendent of the Temple City Unified School District (District) requested of the Los Angeles Regional Director that
the ballot to be used in the forthcoming representation election among the District's certificated employees contain the phrase "no exclusive representa- tion" instead of the phrase "no representation." The Regional Director denied the request, relying on a literal reading of the language of Government Code The denial was upheld by the Executive Director. The District Section 3544.7. then filed an administrative appeal with the Board itself. The majority has sustained the Regional Director. I dissent. Unlike many other statutes of a similar nature, the EERA permits employees to join and be represented by employee organizations, even where the employees have not chosen to have an exclusive representative. Section 3543.l(a) of the Act gives employee organizations the "right to represent" their members in the absence of an exclusive representative. Section 3543.l(d) permits employee organizations to have dues deductions absent an exclusive representative. The EERA thus recognizes the right of organizations to exist and participate in employer-employee relations where there is no exclusive representative. The majority's narrow, ],.iteral interpretation of the "no representation" language of Section 3544.7, in my opinion, frustrates this intent. Rules of construction require looking to legislative intent and purpose, spirit, objectives and scheme of legislation when interpreting statutory language. The purpose of the act cannot be sacrificed through a literal 1interpretation of its language.1 select Base Materials, Inc. v. Board of 1/ One incongruous result from a strict reading of Section 3544.7 would occur in an election in which two employee organizations appeared on the ballot and no choice gained a majority vote in the initial balloting, thus necessitat- ing a run-off election. Section 3544.7 states, "There shall be printed on each ballot the statement: 'no representation."' Where two employee organizations finished first and second on the initial balloting and "no representation" finished third, a literal reading of Section 3544.7 would require that "no representation" also appear on the run-off ballot, thus rendering the run-off balloting a repeat of the initial balloting. I doubt if that was intended. -2-
Equalization, 51 Cal.2d 640 (1959); Moyer v. Workmen's Comp. Appeals Board, 110 Cal.Rptr. 144, 10 Cal.3d 222 (1973); Cossack v. Los Angeles, 114 Cal.Rptr. 460, 11 Cal.3d 726 (1974). The Legislature wanted to be sure that employees had the right and opportunity to oppose exclusive representation in general or exclusive representation by the named employee organizations appearing on the ballot. The substitution offered by the District is reasonable and, in fact, more accurate than the literal wording supported by the majority. By: Jerilou H. Cossack, Member Dated: May 5, 1977 -3-
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EDUCATION1\LE:MPLOYMENT RELATIONS BOARD
Los
Angeles Re
Office
3550 Wilshire
Boulevard, Suite
1708
Los
Angeles,
California
90010
{213) 736-312_7 ·
g~il
March 15, 1977
Dr.
Allen
E.
Rice
Superintendent
Temple
City
Unified School
District
·
9516
East
Longden
Avenue
·Temple
City,
CA
91780
Re: LA-R-97
Dear Dr. Rice:
Responding.to your
letter
of
March 10, 1977
concerning
the
District's
criteria
necessary for
a
directed election,
I have
several
comments
to
make.
-
We
have a
large
n~-nber
of
elections to
conduct
before the
end
of
this
school year
and
we
are
scheduli..rig those i.n which
there
is
no
unit dispute
for early
May.
The employee
organizations
have
indicated
that
any Tuesday,
Wednesday
or
Thursday
in
:May
would be
acceptable.
If
you wish
to
ind'ic:ate
a
date that
would be
preferable in line
with
this
and can
let
me
mow no
later
than March 21, I
will
consider
it ..
'
Concerning your Item 2:
We
do
not
"make
the sole detennination as
to
who·
shall
be
eligible to vote".
The
District is
responsible for provi-
ding the
lisc
of eligible
voters
as
set forth in
EERB
Rule 33530.
If
employees
cast
a challenged
ballot
because
their
names are not on
the
eligible
voter
list,
we
will
attempt to resolve those challenges
at
the
time
of the ballot
count and any unresolved challenges will
be handled
through a hearing process only
if
such challenges are detenninative.
Concerning your Item
S:
EERB
Rule 33580 provides for seven calendar
days from
receipt of the
tally of ballots for objections to
be
filed
and Rule 33590
sets forth the grounds for filing
such objections.
Concerning your Item 6: Section 3544.7(a) of the
EERA
specifies that
the wording on the ballot shall be "no representation" so that your·- March 1 S, 1977 Educational Employment Relations Board Dr. Allen E. Rice Page 2 request for "No Exclusive Representation" is not possible. I will be issuillg the order for an election on or about March· 22, 1977 . .Any input you may wish to provide about a desirable polling site, hours, etc. will be welcome. Very truly yours, ~d-~- - Frances A. K; Regional Director ;~ -FAK:an
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