State Employer-Employee Relations Act - California Federation of Union of American Physicians and Dentists (PERB A085S)

STATE
	OF
	CALIFORNIA
DECISION
	OF 	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
IN
	THE
	MATTER
	OF 	THE 	CHALLENGE
	TO
	THE
STATUS
	OF
	AN
	EMPLOYEE
	ORGANIZATION:
CALIFORNIA
	FEDERATION
	OF 	THE
	UNION
	OF
AMERICAN
	PHYSICIANS
	AND
	DENTISTS
(UAPD),
V.
PUBLIC
	PRACTICE
	BUREAU
	(PPB)
	OF
	THE
CALIFORNIA
MEDICAL
	ASSOCIATION
	(CMA).
)
)
) 	Case 	No. 	S-SR-16
PERB
	Interim
	Order
	No. 	Ad-85-S
April
	11,
	1980
)
)
)
)
)
)
)
)
The
	Public
	Em12loyment
	Relations
	Board
	has
	received
	a
challenge
	to 	the
	status
	of
	an 	employee
	organization 	pursuant
to
	Section
	41270
	of
	the
	California
	Administrative
	Code.
The 	Board
	itself
	directs
	the 	Chief Administrative
	Law
	Judge
to
	assign
	a member
	of 	his
	staff
	to
	the
	Board
	itself
	for
	the 	sole
purpose
	of
	conducting
	an
	expedited hearing 	into 	the
	above-
captioned matter.
	Upon
	completion
	of
	the 	hearing 	the 	record
shall
	be 	forwarded
	directly 	to	
the
	Board
	itself
	for 	disposition.
Public
	Employment
	Relations
	Board/l
by 
I
i
J.as;EPHEN 	iARBER
Executive Assistant 	to 	the 	Board

STATE
	OF
	CALIFORNIA
DECISION
	OF
	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
IN
	THE
	MATTER
	OF 	THE 	CHALLENGE
	TO
THE
	STATUS
	OF
	AN
	EMPLOYEE
ORGANIZATION:
CALIFORNIA
	FEDERATION
	OF
	THE
	UNION
OF
	AMERICAN
	PHYSICIANS
	AND
	DENTISTS
(UAPD),
v.
PUBLIC
	PRACTICE
	BUREAU
	(PPB)
	OF 	THE
CALIFORNIA
	t1EDICAL
	ASSOCIATION
	(CMA).
~
)
)
)
)
)
)
)
)
)
)
___________________ )
ORDER
Case
	No. 	S-SR-16
Withdrawal
	of Action
Before
	the
	Board
PERB
	Order
	No.
	Ad-85a-S
June 	12,
	1980
Pursuant 	to 	the 	attached
	stipulation
	among
	the
	parties
	to 	the
above-captioned 	case, 	the 	challenge 	to 	the
	status 	of
	the
	Public
Practice
	Bureau
	and/or 	the
	California
	Medical
	Association 	has
been withdrawn. 	Said withdrawal
	is
	hereby 	approved
	by
	the
	Board
itself.
Stipulation
was
	signed.
Public
	Employment
	Relations
	Board
by
~
J.
	STEPHEN 	BARBER
Executive Assistant 	to 	the 	Board

STIPULATION
•,,I
It 	is 	hereby 	stipulated 	by 	and 	between 	Gary 	Robinson,
for 	and 	on 	behalf 	of 	the 	California 	Federation 	of 	the 	Union 	of
American 	Physicians 	and 	Dentists 	(UAPD) 	and 	David 	L. 	Suddendorf,
for 	and 	on 	behalf 	of 	the 	Public 	Practice 	Bureau 	and 	California
Metlical 	Association 	as 	follows:
The 	Public 	Practice 	Bureau 	ag~ees 	to 	submit 	to 	the
California 	Public 	Employment 	Relations 	Board 	(PERE) 	a 	request
to 	amend 	its 	original 	intervention 	petition 	which 	it 	filed 	in
connection 	with 	its 	attempt 	to 	become 	the 	exclusive 	represen-
tative 	of 	Unit 	16 	employees 	under 	the 	State 	Employer-Employee
Relations 	Act 	(SEERA). 	This 	request 	to 	amend 	shall 	request
that 	the name 	of 	the 	organization 	appearing 	on 	the 	ballot 	shall
be 	"Public 	Practice 	Bureau". 	The 	phrase 	"of 	the 	California
Medical 	Association" 	appearing 	immediately 	after 	"Public
Parctice 	Bureau 11 	on 	the 	original 	intervention 	petition 	shall
be 	deleted 	from 	the 	name 	of 	the 	organization 	as 	it 	appears
on 	the 	official 	Unit 	16 	representation 	ballot. 	Concurrent 	with
this 	request 	to 	amend, 	the 	UAPD 	agrees 	to 	withdraw 	its 	chal-
lenge 	to 	the 	employee 	organization 	status 	of 	the 	Public 	Practice
Bureau 	and/or 	the 	California 	Medical 	Association 	now 	pending
before 	the 	PERB 	as 	Case 	No. 	S-SR-16.
It 	is 	agreed 	by 	the 	parties 	that 	the 	Public 	Practice
Bureau's 	deletion 	of 	the 	phrase 	"of 	the 	California 	Medical 	Asso-
ciation" 	from 	the 	official 	SEERA 	Unit 	16 	representation 	election
ballot 	in 	no 	way 	affects 	the 	Public 	Practice 	Bureau 	use 	of 	the
-1-

name
	"Califoruia
	Medical
	Association" 	in
	its
	correspondence,
campaign
	literature,
	newsletters
	or
	in
	any
	other
	manner
	it
might 	choose.
	Both
	parties
	join
	in
	asking 	the
	PERB
	to
	permit
amendment
	of 	the
	intervention
	petition
	and
	the
	official 	ballot
consistent
	with
	this
	agreement
	and
	to 	permit 	the 	withdrawal
	of
the
	UAPD's
	challlenge 	in
	Case	
No.	
S-SR-16.
Date:
Gary
	Robinson
Executive
	Administrator
California
	Federation 	of 	the
	Union
of
	American
	Physicians
	and
	Dentists
Date:
David 	L.
	Suddendorf,
	Esq.
Attorney
	for
	the 	Public
	Practice
Bureau
	and
	the
	California
	Medical
Association

DECLARATION
	OF
	SERVICE
	BY
	MAIL
I,
	Gloria
	A.
	Waggener,
	declare
	as
	follows:
T
am
	a
	citizen
	of
	the 	United
	States,
	over 	the
	age
	of
	18
	years,
and
	not
	a
	party
	to
	the
	within
	action;
	my
	place
	of
	employment
	and
business 	address
	is
	Flood
	Building,
	870
	Market
	Street,
	Sa~
	Fra~cisco,
California
	94102.
On
	May
	12, 	1980,
	I
	served 	the
	attached	
by	
placing
	a
	true
	copy
thereof 	in
	an
	envelope
	addressed 	to 	the 	persons
	named 	below
	at 	the
address
	set
	out 	immediately
	below
	each
	respective
	name, 	and 	by	
sealing
and
	depositing 	said
	envelope 	in 	the
	United
	States
	mail
	at
	San
	Francisco,
California,
	with 	postage 	thereon
	fully
	prepaid.
	There
	is 	delivery
service
	by 	United
	States
	mail
	at
	each 	of 	the
	places
	so
	addressed,
	or
there 	is 	regular
	communication 	by 	mail 	between
	the
	place 	of
	mailing
and
	each
	of
	the
	places
	so
	addressed:
CA
	State
	Employees
	Association
1108
	"O"
	Street
Sacramento,
	Ca 	95814
Attention
	: 	Robert 	A
Milling
Governor's 	Office 	of
	Employee
	Relations
1230 	J
	Street~ 	Suite
	262
Sacramento,
	Ca
	95814
Attention
	: 	Marty 	Morganstern
Public 	Practice 	Bureau/California
	Medical
Association
731 	Market
	Street
San
	Francisco,
	Ca 	94103
\
I
	declare
	under
	penalty 	of 	perjury 	that
	the 	foregoing
	is 	true
	and
	correct.
Executed 	on
	May
	12, 	1980,
	at
	San
	Francisco, 	California
\