Oakland Unified School District and California School Employees Association and Oakland Child Development Paraprofessional Association (PERB A295E)

PERB Order No. A295ECalperbJun 16, 1999

Full text

STATE
	OF
	CALIFORNIA
DECISION
	OF
	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
OAKLAND
	UNIFIED
	SCHOOL
	DISTRICT,
Employer,
and
CALIFORNIA
	SCHOOL 	EMPLOYEES
ASSOCIATION,
Employee
	Organization,
and
OAKLAND
	CHILD
	DEVELOPMENT
PARAPROFESSIONAL ASSOCIATION,
Employee
	Organization.
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Case
	No.
	SF-DP-237
Administrative
	Appeal
PERB
	Order
	No. 	Ad-295
June
	16,
	1999
___________________
)
A~~earance:	
Chris
	Niehaus,
	Organizer,
	for 	California
	School
Employees
	Association.
Before 	Caffrey,
	Chairman; 	Dyer 	and
	Amador, 	Members.
DECISION
CAFFREY,
	Chairman:
	This 	case
	is
	before 	the 	Public
Employment
	Relations
	Board
	(Board) 	on
	appeal
	by
	the 	California
School
	Employees
	Association
	(CSEA)
	of
	a
	Board
	agent's
administrative 	determination 	(attached).
	The
	Board
	agent
determined
	that
	the
	Oakland
	Child
	Development
	Paraprofessional
Association
	is
	an 	employee
	organization 	as 	defined 	in 	section
3540.l(d) 	of 	the 	Educational
	Employment
	Relations
	Act
	(EERA) . 1
EERA
	is
	codified 	at
	Government 	Code
	section
	3540
	et
	seq.
Section 	3540.1
	states, 	in 	pertinent 	part:
1
(d) 	"Employee
	organization"
	means 	any
organization which 	includes 	employees 	of
	a
public 	school 	employer 	and which 	has 	as 	one
of
	its
	primary purposes 	representing 	those
The
	Board
	has 	reviewed
	the
	entire
	record
	in
	this
	case,
including 	the
	Board
	agent's
	administrative
	determination
	and
CSEA's
	appeal
	thereto.
	The
	Board
	finds 	the
	administrative
determination
	to
	be
	free
	of
	prejudicial 	error
	and
	hereby
	adopts
it
	as
	the 	decision
	of
	the
	Board
	itself.
ORDER
The
	appeal
	by
	the
	California
	School
	Employees
	Association
	of
the
	administrative
	determination
	in
	Case
	No.
	SF-DP-237
	is
	hereby
DENIED.
Members
	Dyer 	and
	Amador
	joined
	in
	this
	Decision.
employees
	in 	their 	relations 	with 	that 	publicschool 	employer. 	"Employee
	organization"
shall 	also 	include 	any 	person 	such 	an
organization 	authorizes 	to 	act
	on
	its
	behalf.
2

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