Franklin-McKinley School District (PERB A080E)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
FRANKLIN-McKINLEY 	SCHOOL 	DISTRICT
Employer,
~d
SAN 	FRANCISCO BAY AREA 	CERTIFICATED
EDUCATORS AND 	PROFESSIONAL
ASSOCIATES, 	TEAMSTERS 	LOCAL #856,
Employee 	Organization.
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Case No. 	SF-R-604 A & B
PERB 	Order 	No. 	Ad-80
ADMINISTRATIVE APPEAL
October 	26, 	1979
Appearances: 	Frank 	E. 	Mayo 	(Atwood 	and 	Hurst) 	Attorney 	for 	the
Franklin-McKinley 	School 	District; 	Mike McLaughlin 	and 	Wilma 	Rader,
Attorneys 	for 	San 	Francisco 	Bay Area 	Certified 	Educators 	and
Professional 	Associates, 	Teamsters 	#856.
Before 	Gluck, 	Chairperson; 	Gonzales 	and 	Moore, 	Members.
ORDER
The 	San 	Francisco 	Bay Area 	Certificated Educators 	and 	Pro-
fessional 	Associates, 	Teamsters 	Local 	856 	has 	appealed 	the
decision 	of 	the 	San Francisco 	Regional 	Director 	not 	to 	conduct
representation 	elections 	in 	the 	two 	appropriate 	units 	established
in 	the 	above-captioned 	case. 	The 	appellant 	asked 	that 	the 	elections
be 	conducted 	in 	these 	units 	subject 	to 	challenges 	to 	the 	ballots
cast 	by 	the 	employees whose 	positions 	are 	the 	subject 	matter 	of
exceptions 	to 	the 	hearing 	officer's 	proposed 	decision 	in 	this 	case.
The 	regional 	director 	ruled 	that 	the 	elections 	would not 	proceed
until 	these 	exceptions 	were 	resolved 	by 	the 	Board 	itself.

The
	exceptions	
to	
the
	unit
	determination 	decision
	having
	been
resolved
	by
	this
	Board
	in 	the
	Franklin-McKinley
	School
	District,
(October
	26, 	1979)
	PERB
	Decision
	No.
	108,
	the
	appeal
	herein,
filed
	by
	the
	San
	Francisco
	Bay
	Area
	Certificated
	Educators
	and
Professional
	Associates,
	Teamsters 	Local
	#856,
	is
	now moot
	and
is
	therefore
	dismissed.
PER
CURIAM
-2-

STATE OF CALIFORNIA 	EOMUNO C.. IIROWN JR., GoY.rnor
PUBLIC 	EMPLOYMENT RELATIONS 	BOARD
'.ian Francisco Regional Office
1n 	Post St., 9th Floor
San Francisco, California 	94108
(.415) 557-1350 May 	18, 	1979
CERTIFIED RETURN
RECEIPT REQUESTED
Ms. 	Wilma R. 	K. 	Rader
Beeson, Tayer & Kovach
100 	Bush 	Street, 	Suite 	1500
San 	Francisco CA 	94104
Mr. 	Frank E. 	Mayo
Atwood 	& Hurst
Two 	North 	Second 	Street
Suite 	1350
San 	Jose CA 	95113
Re: 	Franklin-McKinley School 	District
Case No. 	SF-R-604 A, 	B
Dear 	Interested Parties:
On April 	13, 	1979, 	the 	regiona-1 	oUice 	received a 	request 	by 	the San
Francisco Bay Area 	Certificated 	Educators and 	Professional 	Associates,
Teamsters 	Local 	#856, 	that an election 	be directed 	in 	two supervisory 	units
of 	the Frankl in-McKinley School 	District.
As you are aware, 	a PERB Hearing Officer 	issued a proposed 	representa-
tion 	decision on 	March 22, 	1979. 	The decision 	established 	two supervisory
units--one classified and one certificated. 	On April 	6, 	1979, 	the 	District
filed 	exceptions 	to 	that 	decision, 	thereby 	preventing 	the decision 	from
becoming 	f i na 1•
Were the parties willing to enter 	into a consent election agreement, 	we
could 	possibly deal 	with 	the 	remaining disputed 	positions 	through 	the 	use of
challenge ballots. 	The District, 	however, 	opposes 	the election until 	a
final 	unit 	determination order 	ls 	issued. 	Absent 	the consent of al 1 parties
to 	the election, 	I feel 	I have no authority 	to direct an election when a
unit 	dispute stilt 	exists. 	I am, 	therefore, 	denying 	the 	request 	to conduct
representation 	elections 	in 	the supervisory units of 	the 	Franklin-McKinley
School 	District.
An appeal 	of this 	decision may be made 	to 	the Board 	itself within 	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 CA 95814. 	Copies of any appeal 	1T11•st
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.
Very 	truly yours,
. 	]'\-\/~(.~	'"~dames W. 	Tamm
Regional 	Director
, 	MA'f 2 1 \979