Solano Community College District (PERB A094E)

STATE
	OF
	CALIFORNIA
DECISION
	OF 	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
SOLANO
	COMMUNITY
	COLLEGE
	DISTRICT,
Employer,
and
SERVICE
	EMPLOYEES
	INTERNATIONAL
UNION,
	LOCAL
	614, 	AFL/CIO,
Appellant,
and
INTERNATIONAL
	UNION
	OF
	OPERATING
ENGINEERS,
	STATIONARY
	LOCAL
	#39,
Employee
	Organization,
and
CALIFORNIA
	SCHOOL.
EMPLOYEES
ASSOCIATION
	and
	its
	Chapter
	#211
Employee
	Organization.
).
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case 	No. 	SF-D-66 	(R-394)
PERB
	Order
	No.
	Ad-94
ADMINISTRATIVE
	APPEAL
July
	11,
	1980
Ap
	earances:
1 William
H.
	Wilson,
	Superintendent/President
	for
So
	ano 	Community
	College
	District;
	Robert
	J.
	Bezemek,
	Attorney 	forService
	Employees
	International
	Union,
	Local
	614, 	AFL/CIO
	and
International
	Union
	of
	Operating 	Engineers,
	Stationary
	Local
	#39,
AFL/CIO;
	Steven
	T.
	Nutter, 	Attorney
	for 	California·
School 	Employees
Association.
Before
	Gluck,
	Chairperson;
	Moore, 	Member.
DECISION
AND
	ORDER
The
	Service
	Employees
	International
	Union 	Local 	614
	(hereafter
SEIU) 	has 	appealed 	the 	dismissal,
	by
	the
	San
	Francisco 	regional
director, 	of
	its 	decertification 	petition 	in 	the 	above-captioned
case. 	Subsequent 	to 	the 	appeal 	SEIU asked 	that 	the 	Board 	remand

the
	case 	to 	the
	regional
	director.
Upon
	review
	of
	the 	reasoning
	and
	determination
	in
	this
	case
the
	Board summarily
	affirms 	the 	decision
	of
	the
regional
director.
	The
	appeal
	and
	remand
	are
	DENIED.
PER
	CURIAM

/!.\:.
t·•~·,',
STATE OF CALIFORNIA
·~.
C 	( 	EDMUND
G.
BROWN
JR.,
Gov,.mor
PUBLIC EMPLOYMENT REl.ATIONS
	BOARD
San
Francisco Regional Office
17_7
Post St.,
9th
Floor
5an Francisco, California 	94108
(415) 557-1350
April
15,
	1980
Mr.
	Robert
J.
	Bezemek,
	Esq.
Van
	Bourg,
	Allen,
	Weinberg
& Roger
45
	Polk
Street
San
Francisco,
	California	
94102
Superintendent
Solano
Community
College
District
P.
	0.
	Box
246
Suisun Valley
Road
Suisun
City,
	California
	94585
California·school
Employees
Association
and
	its
	Chapter
#211
c/o
	Solano
Community
College
District
P.
	0.
	Box 246
Suisun Valley
Road
Suisun
City,
	California
	94585
·
Re:
	s~-394)
SF-D-67 	(R-394)
SF-R-394-1
SF-R-394X
SF-D-57 	(R-394)
Dear
	Interested Parties:
On
March 24, 	1980,
	the
	following
documents were
	received
by
	this
office:
1) 	A
decertification petition
pursuant
to
PERB
Regulation
33240 from
Service
Employees
	International
Union,
	Local
6llf
	for
	a
	unit
	of
office,
	technical
and
para-professional
employees 	(SF-D-66, 	R-394);
2)	
A
decertification petition
pursuant
	to
PERB
Regulation
	33240 from
International
Union
of Operating Engineers,
	Stationary
Local
No.
	39,
AFL-CIO
for
	a
	unit
	of operations
and
support 	services
employees(SF-D-67,
	R-394);
3)	
A
request for recognition pursuant to
PERB
Regulation
	33050 from
International
Union
	of Operating Engineers, 	Stationary
Local
No. 	39ctl".P.	
Service. Employees
	International
Union, 	Local
	614
	for
	the
..
esiablished
unit 	of
all
classified
employees 	(SF-R-394-1);
4) 	A
request for recognition.pursuant 	to
PERB
Regulation
	33050 from
International
Union
of Operating Engineers>
	Stationary Local
No. 	39
for
	a
	unit of operations
	and 	support services
employees 	(SF-R-394X);
and,

April
15,
	1980
Robert
J.
	Bezemek,
	Esq.
Solano
Community
College
District
California
School
Ew~loyees
	Association
and
	its
Chapter
#211
C
Page
Two
(
5)	
A
decertification petition
pursuant
	to
PERB
Regulation
	33240 from
International
Union
of
	Operating Engineers,
	Stationary
Local
No. 	39
and
	Service
Employees
International
Union,
	Local
	614
	for 	the
established unit
	of
all
classified
employees 	(SF-D-57,
	R-394).
International
Union
	of
Operating
Engineers,
	Stationary
Local
No. 	39
	and/or
Service
Employees
	International
Union
Local
	614
	indicated
	in
	the
various
decertification petitions
	and/or
requests 	for recognition
	that:
1)	
the
	established
classified unit in
the
	Solano
Community
	College
District
	is
	a
	unit
	consisting
of
	all
	classified
employees;
2)	
California
School
Employees
Association
and
its
Chapter
#211 was
recognized on·or
about
	July
1,
	1977
	(our
records
	show
	that
	CSEA
was
	certified
on
October
3,
	1977);
3)	
A
written
agreement
	currently
exists
between
the exclusive representa-
tive
	and
	the
employer; 	and,
4)	
the expiration
date of
	that
	agreement
	is
	June 	30, 	1980.
Review
of 	the various
	decertification petitions
	and
requests
	for
	recognition
has
	resulted in
	the·
administrative
determination
	that
	SF-D-66
	(R~394),SF-D-67 	(R-394) 	and SF-R-394-1
should
	be
	dismissed
	since
	they
have been
improperly
	filed.
	In
	that
both
	SF-D-66 and SF-D-67
	seek to carve
	out
new
units
	from
	the established unit
	of
all
	classified
	employees,
	the
	petitions
should
have been
filed
	as requests for 	recognition pursuant
	to
PERE
Regulation
	33050. 	SF-R-394-1
is
also
	improperly
	filed
because
	it
	requests
recognition for
	an
established unit
which
has
	an
	exclusive
representative
in place.
	This
	request
	should
have been
filed
·as
a
decertification petition
pursuant to
	PERE
Regulation
	33240.
This
	office
will. proceed with both
	SF-R-394X and SF-D-57
	since both
have been
properly
	filed.
An
appeal of
	this
	decision
may be made
	to 	the
	Board
itself
within 	ten
	(10)
calendar
days
	of service
	of
	this
	letter
by
	filing
	a
	statement of 	the 	facts
upon which
	the appeal
	is
	based with the Executive
	Assistant 	to 	the
	Board
at
	923
	12th
Street, 	Suite
	201, 	Sacramento,
	California
	95814.
	Copies ofany
	appeal
must be
	concurrently served
	upon
	all
parties
	and
	the
	San
Francisco
Regional Office. 	Proof 	of 	service of 	the appeal
must be
	filed with the
Executive Assistant.

April 15, 	1980
Robert 	J. 	Bezemeki 	E~ •.
So.lane Community College District
California School Employees Association
and 	its Chapter #211
Page Three
Should you have any questions concerning this matter, 	please contact me.
Ve~y 	truly yours,
James W. 	T.amin
Regional Director
AIM:JWT:ma
cc: 	Robert Russell
Walt Norris