Antelope Valley Community College District (PERB A116E)

STATE
	OF
	CALIFORNIA
DECISION
	OF
	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
Antelope 	Valley
	Community
	College
District,
Employer,
v.
California
School
	Employees
	Association,
Employee
	Organization.
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Case
	No. 	LA-R-424
PERB
	Order 	No.
	Ad-
116
Administrative
	Appeal
October 7,
	1981
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Appearances:	
Patrick
	D.
	Sisneros,
	Attorney
	(Wagner 	& Wagner)
for
	the 	Antelope
	Valley
	Canmunity
	College
	District.
Before
	Jaeger,
	Moore
	and
	Tovar,
	Members.
DECISION
In
	Antelope
Valley
	Community
	College
	District
	(6/25/81)
PERB
	Decision
	No.
	168,
	the 	Public
	Employment
	Relations
	Board
(hereafter
	PERB
	or
	Board) 	found 	an
	operations
	and
	support
	unit
petitioned
	for
	by
	California
	School
	Employees
	Association
(hereafter
	CSEA)
	to
	be
	appropriate.
	The
	order 	in
	that 	decision
specified
	in
	pertinent 	part:
•..
	Within 	ten
	workdays
	after
	the
	employer
posts
	the 	notice 	of 	decision, 	the
	employee
organization 	shall
	demonstrate
	to 	the
Los 	Angeles
	regional 	director
	of 	the 	Public
Employment
	Relations
	Board
	at 	least
	30
percent 	support 	in 	the
	above
	uni
t 1
••••
On
	July
	16, 	1981, 	the 	regional 	director
	informed
	the
parties 	that:

This
	office 	will
	use
	the
	showing
	of
	support
ori~inally
	submitted
	by
	CSEA
	with
	its
petition
	as 	well 	as
	any
	supplemental
	showing
of 	support
	that
	is
	timely
	filed
....
The
	District
	appeals 	the
	regional
	director's
	determination
that
	CSEA
	may
	use
	the
	original
	showing
	of 	support, 	arguing
	that
this
	contradicts
	the 	Board's
	decision.
	The
	District 	interprets
the 	Board's 	decision
	as
	only 	allowing
	a 	new
	showing
	of
support.
	The
	District
	also
	argues
	that,
	since
	the
	original
showing
	of 	support
	was
	filed
	in
	1979,
	the
	authorizations
	may
not
	now
	reflect
	the
	wishes
	of
	the
	employees
	and 	some members
	of
the
	proposed
	unit
	may 	no
	longer
	be
	employed.
PERB
	rule
	32700 (c)
	provides:
1
Any
	proof
	of
	support
	validly
	obtained 	within
one
	year 	immediately
	prior 	to
	the 	date
	the
petition
	requiring
	employee
	support
	is 	filed
shall
	remain
	valid
	and 	may 	be
	used
	as
	proof
of 	support
	to 	qualify
	for 	appearance
	on
	the
ballot
	in
	an
	election,
	provided 	theemployee's 	job
	classification 	is
	included 	inthe
	unit
	in
	which
	the
	election 	is
	to
	be
conducted.
	[Emphasis
	added.]
In 	accordance 	with
	this 	rule,
	we
	hold
	that
	the
	original
authorizations
	of
	employees
	in
	existing
	job
	classifications
found
	by
	the
	Board
	to
	be
	in 	the 	operations
	and
	support
	unit
remain
	valid 	although 	they
	were
	obtained
	two
	years 	ago.
	Any
1
PERB
	rules 	are 	codified 	at 	California AdministrativeCode,
	title
	8, 	section
	31000
	et
	seq.
·
2

additional
	showing
	of 	support
	will
	augment
	this 	original
showing
	of
	interest.
ORDER
The
	Board
	affirms
	the
	determination 	of 	the
	regional
director
	and
	DENIES
	the
	appeal.
PER
	CURIAM
3