Richmond Unified School District (McClory) (PERB A089E)

STATE
	OF
	CALIFORNIA
DECISION
	OF
	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
OLIVER
McCLORY,
Employee,
APPELLANT
and
UNITED
	TEACHERS
	OF
	RICHMOND,
CTA/NEA,
Employee
	Organiz.ation,
and
RICHMOND
	UNIFIED
	SCHOOL
	DISTRICT,
Employer.
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Case
	No.
	SF-OS-67
PERB
	Order
	No. 	Ad-89
ADMINISTRATIVE
	APPEAL
May
	15,
	1980
Appearances:	
Oliver
	Mcclory,
	representing 	himself; 	Kirsten
	L.
	Zerger,
Attorney 	for
	United 	Teachers
	of
	Richmond,
	CTA/NEA.
Before
	Gluck,
	Chairperson;
	Gonzales 	and 	Moore, 	Members.
DECISION AND	
ORDER
Appellant, 	Oliver
	McClory, 	an
	individual 	teacher, 	here 	requests
the
	Board 	to
	overturn 	the 	determination 	of 	the
	San
	Francisco
regional 	director 	that
	the 	appellant 	is
	not
	a
	party 	to
	an
	organizational
security 	election
	conducted
	in 	the
	Richmond
	Unified 	School
	District.
As
	a
	result
	of 	this
	determination, 	the 	objections 	to 	the
	election
submitted
	by
	appellant
	were 	dismissed 	and
	the
	results
	were
	verified.
Based 	upon 	our 	reasoning 	in
	Oakland 	Unified 	School
	District,
10/19/78,
	PERB
	Order 	No. 	Ad-48, 	we
	affirm 	the 	attached 	regional
director's 	decision. 	The 	appeal 	of 	Oliver 	McClory
	is 	hereby 	DISMISSED.
PER CURIAM

· ;;TATE
OF
(ALIFORNIA
PUB!.JC
	EMPLOYMENT RELATIONS BOARD
San
Francisco Regional Office
177
Post St.,
9th
Floor
"San
Francisco,
California
	94108
(415) 557-1350
March 24,
	1980
PROOF
OF
SERVICE
Mr.
	Oliver
McClory
c/o
Richmond
High
School
1250
23rd
	Street
Richmond,
	CA
	94804
Re:	
Organizational Security
Election
	Richmond
Unified
School
District	
- 	·
SF-0S-67
✓
Dear
Mr.
	Mcclory:
On
March
	20,
	1980, 	I
	received
your
objections
	to 	the
March
11,
	1980
organizational.
security election
held
in
	the
Richmond
Unified School
District.
PERB
Regulation
	33580
provides
	that
	"any
party
	to
	an
election"
may
file
	objections to
	that election.
	Iri
Oakland
Unfied·School
'District
(10/20/78),	
PERB
Order
No. 	1	
Ad-48
	,	
the
PERB	
defined "party to
	an
	election"
in
an
organizational security election
as 	the
	employer and
	the exclusive
.representative.
	The
Board
specifically
refused to extend
	the
	right
	to
file
	objections	
to	
individual
employees
in
the negotiations
	unit
•
.I
	therefore find 	that
you
are not
	a
	party to 	the
election
and
have
	no
standing
to
	file
	objections 	to the election.
	The
objections
are
hereby
dismissed
and
	the election results shall
be
	certified.
\\
~
-
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
	theBoard,
	at
	923
12th Street~ 	Suite
	201,
	Sacramento,
	CA
	95814.
	Copies ofany appeal
must
be concurrently served
upon
all
parties
and
the
San Francisco
Regional Office.
	Proof of service of the appeal
must
be
filed
w·ith 	the
Executive
Assistant.
Should
you have any
questions
	concerni_ng
this	
matter
►	
please contact
me.
Very
	truly
yours,
•
James H.
	Tamm
Regional Director
cc:	
W.
	R.
	Lovette, 	Superintendent of Schools
Hr. 	E. -Ciarrocchi. 	Executive Direc.tor, 	United Teache-r:s
	of
Richmond
1. 	Currently on· appeal ·.in the Court of Appeal for the Third Appellate District,.No. 	3
civil
18826
· ;;TATE
OF
(ALIFORNIA

I declare that I am e;:rployed in the County of SAN F1._ ...:lCISCO. I ar ovec the age
of e:ighteen years > and not a party to the ,rithin entitled cause; my b iness
address is 177 POST STREET> 9th FLOOR, Sl.l FRANCISCO> CALIFORNIA 94-108-
,.
.. .
--..
:.-·:.
0"':,. March 24, 1980 	,. I served the attached
-------------------- --------
LETTER REGARDING ORGANIZATIONAL SECURITY ELECTION
---------------------_--_--------_-_On the
--- 1 _ _	 ____________-_by placing a true copy thereof
enclosed in a sealed envelope •with postage thereon fully prepaid, in tha United
P-a-r tY-·�/-i-e-s_n_,a_m_e_d_b_e_	_-o--
.. .·
Stztes :Hail, at San Fr2ncisco addressed as :follows:
• ,• ·
MR;. OLIVER' MC;tORY
c/o_ RIGHI!OND ·_RICH SCHOQL:(\/
1259 23rd. STREET . ·
·RICHMOND,	. '	
·· CA. ;94804
. . ...: -;
. _;,\:·:: ·
. • . .
·.. :
.
./:,,; \. ,
. ,· . ·. : - . , ' .. -: ...
. ' ..
. Wo R. LOVE_TTE,__ : SUPERINTENDNET OF SCHOOLS
RICHMOND- UNIFIED. SCHOOL DISTRICT
1108 BISSELL .AVENUE
P.O. BOX 4014
RICHMOND,. _CA 94804
.
:·" ·
MR. ERNIE CIARROCCHI, EXECUTIVE DIRECTOR
UNITED· TEACH_ERs F.RICHMOND,: CTA/NEA
2921 MACDONALD.AVENUE
RICHM0ND, cA- 94804
. O	. - ··
·J. d2clare cnder penalty of perjury that the foregoing is true nnd correct> and
the t th-Ls c:::claration r:as cxecuted on March 24, 1980
-------------·--------"
( <'.J ·i._,,o l'1. t. t-l t t' t-")

..
,.
..
,,1_
Richmond High
	School
1250
	23rd
	Street
Richmond,
	CA
	94804
Mr. 	James
W.
	Tamm
177
	Post
Str~et, 	Suite
900
San
Francisco,
	CA
	94108
March
	19,
	1980
Dear
	Sir,
In
accordance with
California
Administrative
Code,
	Title
8>
Part
	III,
	Section
	33590(b),
	I
	request 	the
	invalidation of the
March
11th
PERB
Agency Shop
	election
..
	Hy
	reasons
	for 	this
	request
are
	as 	follows:
(1)
	The
	election
was
	prejudiced	
by	
reason
	of
its
	timing
	only
five	
days	
after
some 393
	lay-off notices
	were
	sent.to
	teachers
	of
the
Richmond
Unified
	School
	District.
(2)
	UTR
representatives
	exercised
unusual
	inti~idatlon	
by
having
	a
	teacher
check-in
inside
	the
main
	entrance
of
	at least
one
of
	the designated
polling places 	(the Administrative
Building).
This
	type
	of intimidation
constitutes
	electioneering in
its
	most
blatant
form and
	contradicts
	the concept
	of
a
free 	election.
These
	serious
	irregularities
	are
	in violation
of
	California
Ad2inistrative
Code 7
	as
	cited
	above,
	and
	the
	results of
	the
March
11th
PERB
	election
should be declared
	invalid.
Sincerely,
Oliver
HcClorv
cc:
	Dr. 	Richard Lovette
Hr
..
	Emest
Ciarrocchi