PERB Order No. A006E•Santa Clara Unified School District (PERB A006E)
Santa Clara Unified School District (PERB A006E)
PERB Order No. A006ECalperb8 mars 1977
Texte intégral
STATE OF CALIFORNIA EDUCATIONAL EMPLOYMENT RELATIONS BOARD United Teachers of Santa Clara in appeal of Administrative Decision ) ) ) ) ) ) Case No. SF-R-266 EERB Order No. Ad-6 ORDER _________________ ) The decision of the San Francisco Regional Director to stay the representation election in the above-captioned case is sustained by the Board itself. Since the parties may wish to proceed to an election notwithstanding unresolved unfair practice charges, the Regional Director is instructed to seek waivers from all parties of the right to file objections on the basis of the allegations in the unfair practice charge. In the event such waivers are received, an election should be conducted by the Regional Director. The Board itself declines appellant's request for oral argument. Educational Employment Relations Board by ~~Stephen Barber Executive Assistant to the Board 3/8/77 Chairman Alleyne, dissenting: I dissent from the Board order which maintains the stay of the representation election unless "all parties" waive the right to file objections on the basis
-2- of the allegations contained in the unfair practice charge. No party in this case seeks to block the election because of the unfair practice charges. Accordingly, the election should be held as desired by all parties. I know of no precedent for the Board's action in this case. The National Labor Relations Board, for example, will lift an election stay and conduct an election at the request of an unfair-practice charging party, when the charging party files a request to proceed with the election. The only waiver required of the charging party in that instance is a waiver of the right to file objections to conduct taking place before the representation petition in the case was filed. See NLRB Form 4551, reproduced in LRX 4317 (Bureau of National Affairs). This election should be conducted without further delay. ~~ Reginald Alleyne, Chairman
ST ATE OF c.a..,::.u=F,,.,O==R=N==IA=="""""=-------..,.ei=.----==-·-~--,.,,...----...----="'-• EOI.IUND a. SSIOWN. JR.~ G<Jtttnot EDUCATIO:-.AL EHPLOYl-E:~T RELATIONS BOARD 1390 ~tuket Stt'eet, Room 911 San Francisco, CA 94102 (415) ss7-13so rr--.;-,.,-,.·;r.:i .. :: · · R-f"-<c.1.,c/V~O r,. i: ?;?- \J,., ..... , ,,-;Tl· l_, January 24, 1977 Re: Santa Clara Unified School District SF-CE-13 Mr. Robert Persky, Executive Director United Teachers of Santa Clara 1333 Lawrence Expressway, Suite 266 Santa Clara, California 95051 Dear Mr. Persky: Pursuant to your request of January 11, 1977 that I set a date for an election in the Santa Clara Unified School District, I have reviewed the matter. In that the Santa Clara Federation of Teachers has filed an unfair practice charge (SF-CE-13) alleging certain actions by the Di~trict were taken in an effort to influence the outcome of the election and inasmuch as a formal hearing is set for February 7, 1977 I feel it would not be appropriate-to set an election date until after the unfair practice charge is closed~ An appeal to this decision may be made within ten calendar days of receipt of this letter, stating the facts upon which the appeal is based and filed with the Executive Director, Mr. Charles Cole~ at 923 12th Street, Suite 200, Sacramento, California 95814. Copies of any appeal must be served upon all other parties to this action with an additional copy to the San Francisco Regional Office. Sincerely,. .. I ~ ~·11~(): 1~ James W. Tamm Regional Director JWT:ma cc: Jim Ramm, President, Santa Clara Federation of Teachers Santa Clara Unified School District J. Michael Taggart, Patterson & Taggart
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