PERB Order No. A087E•Antelope Valley Union High School District (PERB A087E)
Antelope Valley Union High School District (PERB A087E)
PERB Order No. A087ECalperb30 avr. 1980
Texte intégral
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT, Employer, and UNITED TEACHERS OF THE ANTELOPE VALLEY, Employee Organization, and ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT TEACHERS ASSOCIATION CTA/NEA, Employee Organization, APPELLANT. ) ) ) ) Case No. LA-R-55,D-52 PERB Order No. Ad-87 Administrative Appeal April 30, 1980 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Appearances: Duane B. Beeson, Attorney (Beeson, Tayer, Kovach & Silbert) for Antelope Valley Union High School District Teachers Association, CTA/NEA; Lawrence Rosenzweig, Attorney (Levy & Goldman) for United Teachers of the Antelope Valley. Before Gluck, Chairperson; Gonzales and Moore, Members. DECISION The Antelope Valley Union High School District Teachers Association, CTA/NEA (hereafter CTA) appeals a regional director's decision directing a decertification election in a certificated unit in the Antelope Valley Union High School District for which CTA is the incumbent exclusive representative. CTA contends that the petitioner for
decertification, the United Teachers of the Antelope Valley School District (hereafter United Teachers) is not an employee organization. The basis of CTA's contention is a draft of the United. Teachers' constitution which provides that CTA and other organizations will be constituent members of the United Teachers. CTA denies it does or will participate in that organization. -- Section 3540.l(d) of the Educational Employment Relations Act defines an employee organization as: any organization which includes employees of a public school employer and which has as one of its primary purposes representing such employees in their relations with that public school employer. United Teachers, in its response under penalty of perjury to the appea� denies that the draft constitution is its current constitution and submitted a copy of its current constitution. It also submitted the names of certain certificated employees in the existing unit who are dues-paying members of United Teachers. CTA's appeal is silent on both of these matters. Based on its current constitution and on the fact that its members include certificated employees of the Antelope Valley Union High School District, United Teachers clearly meets the statutory definition of an employee organization. Section 3544.S(d) of the Educational Employment Relations Act expressly requires only that a petition be supported by proof that at least 30 percent of the emploiees in the unit 2
support the decertification petition. The Act establishes· no minimum membership requirements as the precondition to the filing of a decertification petition. The Board imposes none. 1 The regional director's order scheduling a decertification election is AFFIRMED. PER CURIAM lsection 3544.S(d) reads: (d} An employee organization alleging that the employees in an appropriate unit no longer desire a particular employee organization as their exclusive representative, provided that such petition is supported by current dues deduction authorizations or other evidence such as notarized membership lists, cards, or petitions from 30 percent of the employees in the negotiating unit indicating support for another organization or lack of support for the incumbent exclusive representative. Such evidence of support shall be submitted to the board, and shall remain confidential and not be disclosed by the board. The board shall obtain from the employer the information necessary for it to carry out its responsibilities pursuant to thissection and shall report to the employee organizations seeking recognition and to the public school employer as to the adequacy of the evidence of support. 3
- ·- PUBLIC EMPLOY!1ENT RELATitN8 BOARD DIRECTED ELECTION ORDER Name of Employer Ante1ope Va11ey Union High Schoo1 District Case Number LA-R-55. D-52 Pursuant to California Government Code Section 3540 et seq., the Regional Director of the Pub1ic Employment Relations Board hereby orders an Election, the provi~ions of which are as follows: 1. Jurisdiction. The Employer is a public school employer within the meaning of the Act; and any signatory employee organization is an employee organization within the meaning of the Act; and the employees described in the appropriate unit are public school employ~s within the meaning of the Act. 2. Election. An election by secret ballot shall be held under the supervision of the Public Employment Relations Board Regional Director, among the employees ofthe undersigned employer in the unit defined below, at the indicated time and place.to determine whether or not such employees desire to be represented for the purpose of meeting and ne-;;otiating by (one of} the undersigned employee organization(s). The election sha11 be held in accordance with Government Code Section 3540 et seq. and the applicable rules and regulations and procedures of the PERS. 3. Voter Eligibility. The eligible voters shall be those employees wi,thin the unit described below who were employed on the eligibility cutoff date indicated below, and who are still employed on the date of the election. This includes employees not at work on the date of the election because they were ill; on vacation. leave of absence, or sabbatical; temporarily laid off; a•nd employees in the mi1itary ser·lice of the United States who appear in person at the polls. 4. Voter Lists. By the date indicated below, the employer shall file with the regional office list(s) containing the names, job titles and work locations of all the eligible voters. A copy of the list(s) shall be served concurrently by the employer on each ·employee organization appearing on the ballot. A statement of servicesha 11 be sent to the regi ona 1 office with the 1is t( s). · 5. Notice of Election. The Regional Director shall serve on the employer and the eligible employee organizations a Notice of Election describing the manner and conduct of the election to be held and incorporating therein a sample ballot. By the .:late indicate.J he1ow, tllP. i:mrloyf:lr shall ~••st such l'Jotic,~ crf Election cc,r.s;:::ic'.lous?y on all employe.! bulletin boards in each facility of the employer in whtch r.:-ambers ofthe unit are employe<l. 6. Obser,ers. Each party will be al1owe<l to station an equal number of authorized oosarvers selected from the nonmanagement, nonsupervisory employees ofthe employer at the polling places during the election to assist in its conduct. to cha11enge the eligibility of voters, and to verify the Tally of Ballots. !f the unit consists of supervisory employe~s the parties may designate supervisors as observers. 7. Challenges. A PERS election officer or an authorized observer may question the eligibility of a voter. A person so challenged shall be permitted to cast a challenged ballot. Unresolved challenges, when sufficient in number to affect the results of the election, shall be resolved by PERB. 8. Tally of Ballots. As soon after the election as feasible. ballots shalt be mingled and counted at the location designated below and tabulated by the Regional Director or the Regional Director's designated agent. Upon the conclusion of :hecoun~ing, the Regional Director or designated agent sha11 furnish a Tally of Ballots to each of the parties. 9. Objections and Post Election Procedures. Objections to the conduct of the e1ection or conduct affecting the results of the election, or to a determination of representatives based on the results thereof, may be filed with the Regional Director within 10 calendar days following receipt of the Ta11y of Ballots. Copies of such objections must be served upon the other parties at the time of filing with the Regiona1 Dir"!~tor. A11 other procedures ·subsequent to the conc1usion of counting of ballots and issuance of Ta11y of Ba11ots shall be in conformity ~iith PERS RoJles and Ragulations. 10. Runoff Elections. In the event a runoff election is necessary, it sha11 be run at the direction of the Regional Dire<:tor. PS~B-207 ( 5/79}
11. \.lordino
on
Ba11ot.
The
name(s)
of
the
employee
organization(s)appear
on
the ba
l1
ot
in addition to the designation "Ila Representation".
The
c:t,
·;
.
on
the ba11ot
sha11
appear in the wording
and
01
order enumerated
be10\~,
raading
front~
left
to
right
on
the
ballot.
First:
United Teachers
of
the Antelope Valley
(UTAV)
Second:
No
Representation.
Third: Antelope Valley
UHSD
Teachers.Association
CTA/NEA
Fourth:
12. Cutoff Date
for
Voter E1igibi1ity:
March
31,
1980
13. Date{s),
Hours and
Location{s) of Election:
May
1,
1980
1:00
P.M.
to 5:00
P.M.
BOARD
ROOM
Antelope Valley
Union
High
School
District
45024
North
Third
Street
East
Lancaster, California
14. Voter
List
To
Be
Received
by
PERS
No
Later Than: April 23.
1980
15. Notices of Election
To
Be
Posted
No
Later Than: April 23,
1980
16. Date,
Time
and
Location of Cauntino of Ballots:
As
soon
as possible
after
the close of polls
at
the polling place.
17.
The
Acoropriate Unit:
Sha
11
INCLUDE:
See
attached
Appendix
A.
Sha11
EXCLUDE:
18.
Special Provisions. (For use as directed
by
PERB
only)
A.
Each
party
may
station
one
authorized observer selected
from
the
nonmanagement,
nonsupervisory employees
of
the
district
at
the polling place.
8. This directed order should not
be
interpreted ta
mean
the
Board
would
find the unit described herein ta
be an
appropriate unit
in a disputed case.
Ocdmd
by
L ~
!f..
~
Regional Directo?C
Public Employment Relations BoardAPPENDIX A THE VOTING UNIT: Shall INCLUDE: All regular permanent and probationary certificated employees including allregular secondary classroom teachers, temporary teachers hired under a contract for one semester or longer, department chairpersons, guidance counselors, head guidance counselors, secondary librarians, audio-visua1 coordinators, school work-experience coordinators, secondary nurses, and full- time contract adult education teachers. Shall EXCLUDE: All classified and other noncertificated employees; all substitutes in any capacity, individuals who are hired specifically to perform extra-duty assignments or who are hired on an hourly basis and are not otherwise regu- larly employed by the District; any employee whose primary employment is not with the District, such as sheriff's deputies in the Student and Law program; all management employees within the meaning of Government Code Section 3540.l(g),such as superintendent, assistant superintendent, assistant business manager, director of personnel, director of pupil personnel services, psychologist, . director of career education, coordinator of communications and research infor- mation, principal, vice principal, director of physical education and athletics, supervisor of attendance and welfare, purchasing agent, data processing super- visor, district head operation and maintenance, school head operation and maintenance, operation and maintenan~e employee-OWHS, head custodian, head campus supervisor, district head transportation, assistant head transportation, district head mechanic, cafeteria manager, senior building inspector-consultant; allconfidential employees within the meaning of Government Code Section 3540.l(c).
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OCR transcription for search; preserved printed pages are authoritative
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
ANTELOPE VALLEY UNION HIGH
SCHOOL DISTRICT,
Case No. LA-R-55,
D-52
Employer,
and
PERB Order No. Ad-87
UNITED TEACHERS OF THE
ANTELOPE VALLEY, Administrative Appeal
Employee Organization
‘ April 30, 1980
and
ANTELOPE VALLEY UNION HIGH SCHOOL
DISTRICT TEACHERS ASSOCIATION
CTA/NEA,
Employee Organization,
APPELLANT.
Ne Ne ce et ee et ee ee See Sel Ne Net ee et ene Senet Set ee eel Se eel
Appearances: Duane B. Beeson, Attorney (Beeson, Tayer, Kovach
& Silbert) for Antelope Valley Union High School District
Teachers Association, CTA/NEA; Lawrence Rosenzweig, Attorney
(Levy & Goldman) for United Teachers of the Antelope Valley.
Before Gluck, Chairperson; Gonzales and Moore, Members.
DECISION
The Antelope Valley Union High School District Teachers
Association, CTA/NEA (hereafter CTA) appeals a regional
director's decision directing a decertification election in a
certificated unit in the Antelope Valley Union High School
District for which CTA is the incumbent exclusive
representative. CTA contends that the petitioner for
decertification, the United Teachers of the Antelope Valley
School District (hereafter United Teachers) is not an employee
organization. The basis of CTA's contention is a draft of the
United. Teachers' constitution which provides that CTA and other
organizations will be constituent members of the United
Teachers. CTA denies it does or will participate in that
organization. --
Section 3540.l(d) of the Educational Employment Relations
Act defines an employee organization as:
any organization which includes employees of
a public school employer and which has as
one of its primary purposes representing
such employees in their relations with that
public school employer.
United Teachers, in its response under penalty of perjury
to the appea� denies that the draft constitution is its current
constitution and submitted a copy of its current constitution.
It also submitted the names of certain certificated employees
in the existing unit who are dues-paying members of United
Teachers. CTA's appeal is silent on both of these matters.
Based on its current constitution and on the fact that its
members include certificated employees of the Antelope Valley
Union High School District, United Teachers clearly meets the
statutory definition of an employee organization.
Section 3544.S(d) of the Educational Employment Relations
Act expressly requires only that a petition be supported by
proof that at least 30 percent of the emploiees in the unit
2
support
the
decertification petition.
The
Act
establishes·
no minimum
membership
requirements as
the
precondition
to
the
filing
of
a
decertification petition.
The
Board imposes none.
1
The
regional
director's
order scheduling
a
decertification
election is
AFFIRMED.
PER
CURIAM
lsection
3544.S(d)
reads:
(d}
An
employee
organization alleging
that
the
employees
in
an
appropriate
unit
no
longer
desire
a
particular
employee
organization
as
their
exclusive
representative,
provided
that
such
petition
is
supported
by
current
dues
deduction
authorizations
or
other
evidence such as
notarized
membership
lists,
cards, or
petitions
from 30
percent of the
employees
in the
negotiating unit indicating
support
for another
organization or lack of support
for the
incumbent
exclusive representative.
Such
evidence
of support
shall
be
submitted
to the board,
and
shall
remain
confidential
and
not
be
disclosed
by
the board.
The
board
shall
obtain
from
the
employer
the
information necessary for
it
to carry out
its
responsibilities
pursuant to
thissection
and
shall report to the
employee
organizations seeking recognition
and
to the
public school
employer as to the
adequacy
of
the evidence of support.
3
-
·-
PUBLIC
EMPLOY!1ENT
RELATitN8
BOARD
DIRECTED ELECTION
ORDER
Name
of
Employer Ante1ope
Va11ey
Union
High
Schoo1
District
Case
Number
LA-R-55.
D-52
Pursuant to California
Government
Code
Section
3540
et
seq.,
the Regional
Director
of
the Pub1ic
Employment
Relations
Board
hereby orders
an
Election, the
provi~ions
of
which
are as follows:
1.
Jurisdiction.
The
Employer
is
a public school employer within the meaning
of the Act;
and
any
signatory
employee
organization
is
an employee
organization
within the
meaning
of the Act;
and
the
employees
described in the appropriate
unit
are public school employ~s within the
meaning
of the Act.
2. Election.
An
election
by
secret
ballot
shall
be
held under the supervision
of
the Public
Employment
Relations
Board
Regional Director,
among
the employees
ofthe undersigned employer in the
unit
defined below,
at
the indicated time
and
place.to determine whether or not such employees
desire to
be
represented for the purpose
of
meeting
and
ne-;;otiating by (one
of}
the undersigned
employee
organization(s).
The
election
sha11 be
held in accordance with
Government
Code
Section
3540
et
seq. and
the applicable rules
and
regulations
and
procedures
of
the
PERS.
3. Voter
Eligibility.
The
eligible
voters shall
be
those employees wi,thin the
unit
described
below
who
were
employed
on
the
eligibility
cutoff date indicated below,
and
who
are
still
employed
on
the date of the election. This includes employees not
at
work on
the date of the election because they were
ill;
on
vacation. leave
of
absence,
or
sabbatical; temporarily laid off;
a•nd
employees in the mi1itary ser·lice of
the United States
who
appear in person
at
the
polls.
4. Voter
Lists.
By the date indicated below, the employer shall
file
with the
regional
office
list(s)
containing the
names,
job
titles
and work
locations of
all
the
eligible
voters. A copy
of
the
list(s)
shall
be
served concurrently
by
the
employer
on
each ·employee organization appearing
on
the
ballot.
A statement of servicesha
11
be
sent to the regi
ona
1
office
with the 1is t(
s).
· 5. Notice of Election.
The
Regional Director shall serve
on
the employer and
the
eligible
employee organizations a Notice of Election describing the
manner and
conduct of the election to be held
and
incorporating therein a sample
ballot.
By
the
.:late indicate.J
he1ow,
tllP.
i:mrloyf:lr
shall
~••st such
l'Jotic,~
crf Election
cc,r.s;:::ic'.lous?y
on
all
employe.!
bulletin
boards in each
facility
of the employer in whtch
r.:-ambers
ofthe
unit are
employe<l.
6. Obser,ers.
Each
party will
be
al1owe<l
to
station
an
equal
number
of
authorized oosarvers selected
from
the
nonmanagement,
nonsupervisory employees
ofthe employer
at
the polling places during the election to
assist
in
its
conduct. to
cha11enge the
eligibility
of voters,
and
to verify the Tally of Ballots.
!f
the
unit
consists of supervisory employe~s the parties
may
designate supervisors as observers.
7. Challenges. A
PERS
election
officer
or
an
authorized observer
may
question
the
eligibility
of a voter. A person
so
challenged shall
be
permitted to cast a
challenged
ballot.
Unresolved challenges,
when
sufficient in
number
to affect the
results of the election, shall
be
resolved
by
PERB.
8. Tally of Ballots.
As
soon
after
the election as feasible. ballots shalt
be
mingled and counted
at
the location designated below and
tabulated
by
the Regional
Director or the Regional Director's designated agent.
Upon
the conclusion of :hecoun~ing, the Regional Director or designated agent
sha11
furnish a Tally
of Ballots
to each of the parties.
9. Objections
and
Post Election Procedures. Objections to the conduct of the
e1ection or conduct affecting the results of the election, or to a determination of
representatives based
on
the results thereof,
may
be
filed with the Regional Director
within
10
calendar days following receipt of the
Ta11y
of Ballots. Copies of such
objections must be served upon the other parties at
the time of filing with the
Regiona1 Dir"!~tor.
A11
other procedures ·subsequent to the conc1usion of counting of
ballots and issuance of Ta11y of Ba11ots shall be in conformity ~iith
PERS
RoJles
and
Ragulations.
10. Runoff Elections. In the event a runoff election is necessary,
it
sha11
be run at the direction of the Regional Dire<:tor.
PS~B-207 ( 5/79}
11. \.lordino
on
Ba11ot.
The
name(s)
of
the
employee
organization(s)appear
on
the ba
l1
ot
in addition to the designation "Ila Representation".
The
c:t,
·;
.
on
the ba11ot
sha11
appear in the wording
and
01
order enumerated
be10\~,
raading
front~
left
to
right
on
the
ballot.
First:
United Teachers
of
the Antelope Valley
(UTAV)
Second:
No
Representation.
Third: Antelope Valley
UHSD
Teachers.Association
CTA/NEA
Fourth:
12. Cutoff Date
for
Voter E1igibi1ity:
March
31,
1980
13. Date{s),
Hours and
Location{s) of Election:
May
1,
1980
1:00
P.M.
to 5:00
P.M.
BOARD
ROOM
Antelope Valley
Union
High
School
District
45024
North
Third
Street
East
Lancaster, California
14. Voter
List
To
Be
Received
by
PERS
No
Later Than: April 23.
1980
15. Notices of Election
To
Be
Posted
No
Later Than: April 23,
1980
16. Date,
Time
and
Location of Cauntino of Ballots:
As
soon
as possible
after
the close of polls
at
the polling place.
17.
The
Acoropriate Unit:
Sha
11
INCLUDE:
See
attached
Appendix
A.
Sha11
EXCLUDE:
18.
Special Provisions. (For use as directed
by
PERB
only)
A.
Each
party
may
station
one
authorized observer selected
from
the
nonmanagement,
nonsupervisory employees
of
the
district
at
the polling place.
8. This directed order should not
be
interpreted ta
mean
the
Board
would
find the unit described herein ta
be an
appropriate unit
in a disputed case.
Ocdmd
by
L ~
!f..
~
Regional Directo?C
Public Employment Relations Board
APPENDIX
A
THE
VOTING
UNIT:
Shall
INCLUDE:
All
regular permanent
and
probationary
certificated
employees
including
allregular secondary classroom teachers, temporary teachers hired under a
contract for
one
semester or longer, department chairpersons, guidance
counselors,
head
guidance counselors, secondary librarians, audio-visua1
coordinators, school work-experience coordinators, secondary nurses,
and
full-
time contract adult education teachers.
Shall
EXCLUDE:
All
classified
and
other noncertificated employees; all substitutes in
any
capacity, individuals
who
are hired specifically to perform extra-duty
assignments or
who
are hired
on
an
hourly basis
and
are not otherwise regu-
larly
employed
by the District;
any employee
whose
primary
employment
is
not
with the
District,
such as
sheriff's
deputies in the Student
and
Law
program;
all
management
employees within the
meaning
of
Government
Code
Section 3540.l(g),such as superintendent, assistant superintendent, assistant business manager,
director of
personnel, director of pupil personnel services, psychologist, .
director of career education, coordinator of communications
and
research infor-
mation, principal, vice principal, director of physical education
and
athletics,
supervisor of attendance
and
welfare, purchasing agent, data processing super-
visor,
district
head
operation
and
maintenance, school
head
operation
and
maintenance, operation
and
maintenan~e
employee-OWHS,
head
custodian,
head
campus
supervisor,
district
head
transportation, assistant
head
transportation,
district
head
mechanic, cafeteria
manager, senior building inspector-consultant; allconfidential employees within the
meaning
of
Government
Code
Section 3540.l(c).Vous vous demandez comment ce texte s’applique à votre situation ?
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