Turlock School Districts (PERB J004E)

PERB Order No. J004ECalperbJan 18, 1978

Full text

STATE OF CALIFORNIA
DECISION OF THE PUBLIC
EMPLOYMENT RELATIONS BOARD
TURLOCK SCHOOL DISTRICTS
(TURLOCK JOINT UNION HIGH SCHOOL DISTRICT,
TURLOCK JOINT UNION SCHOOL DISTRICT),
Employers, Petitioners,
and
TURLOCK SCHOOL COUNSELORS ASSOCIATION,
Employee Organization,
and
TURLOCK TEACHERS ASSOCIATION, CTA/NEA,
Employee Organization,
and
TURLOCK PROFESSIONAL EDUCATORS GROUP,
Employee Organization,
and
TURLOCK AMERICAN FEDERATION OF TEACHERS,
Employee Organization,
and
SERVICE EMPLOYEES INTERNATIONAL UNION,
LOCAL 110, AFL-CIO,
Employee Organization,
and
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION,
TURLOCK CHAPTER 56,
Employee Organization.
Case Nos. S-R-4
S-R-7
S-R-61
S-R-97
PERB Order No . JR-4
January 18, 19 78
ORDER DECLINING REQUEST
TO JOIN IN JUDICIAL REVIEW
The Public Employment Relations Board itself hereby declines
request of petitioner in the above-captioned case to join in
judicial review of EERB Order No. Ad-18.
Public Employment Relations Board
by
Stephen Barber
Executive Assistant to the Board
Jerilou Cossack Twohey, Member, concurring:
I agree that we should not join in the Districts' request for
judicial review. The District, in support of its request for
judicial review, argues that the issue decided in this case was
whether Turlock Joint Union High School District and Turlock Joint
Union School District "...may act jointly for purposes of collective
bargaining." (Emphasis added.) In fact, the question decided
by this case was whether these two districts must act jointly for
purposes of collective negotiations.
This case arose because three employee organizations sought to
represent the employees of both districts in a single negotiating
unit,2 three employee organizations sought to represent the employees
of these two districts in separate negotiating units,3 and both
districts doubted the appropriateness of all of the units sought as
well as contested the showing of support submitted by four of the
employee organizations.
As a result of the Board's decision, the employees of each school
district, independent of the employees of the other school district, may
1See my dissent in Grossmont Union High School District, EERB
Decision No. JR-2, July 25, 1977.
2Turlock School Counselors Association; California School Employees
Association, Chapter 56; and Turlock Teachers Association, CTA/NEA.
3Turlock Federation of Teachers; Service Employees International
Union, Local 110, AFL-CIO; and Turlock Professional Educators Group.
-2-
determine which, if any, employee organization they wish to represent them
for purposes of negotiating with the school district. Presumably
this question has been or ultimately will be resolved by an election.
Once the question of representation has been resolved, the two
school districts and whatever exclusive representatives have been
selected may or may not wish to negotiate jointly. The validity of
any such subsequent agreement has not been decided by the Board's
decision in Turlock.
Jerilou Cossack Twohey, Member
-3-

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