State Employer-Employee Relations Act - Service Employees International Union, Local 411 (PERB A093S)

PERB Order No. A093SCalperb11 juin 1980

Texte intégral

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
In the Matter Of:
Unit Determination for the State
of California Pursuant to Chapter
1159 of the Statutes of 1977
(State Employer-Employee Relations
Act).
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Case No. S-SR-15-B
PERB Order No. Ad-93-S
ADMINISTRATIVE APPEAL
June 11, 1980
Appearances: Pat Hallahan, Statewide Coordinator, for SEIU, Local 411.
Before Gluck, Chairperson; Gonzales and Moore, Members.
DECISION ORDER
Appellant herein seeks a review of a determination by the
Sacramento Regional Director denying it the status of "election
requester." We view this appeal as a request for reconsideration,
however, as appellant, SEIU, Local 411, seeks reconsideration of the
ballot eligibility cut-off date established in our unit determination
decision.
We do not find the extraordinary circumstances necessitated by
our rule 32410. Since, 1) appellant is eligible to appear on the
ballot, 2) there is no distinction on the ballot between requesters
and intervenors, and 3) the placement of names on the ballot is
determined by agreement of the parties or chance we find no dis
advantage to SEIU that constitutes grounds for reconsideration.
SEIU, Local 4ll's appeal is hereby DISMISSED.
PER CURIAM
STATE OF CALIFORNIA 	DMUND G. BROWN JR. , GOVERNOR
PUBLIC EMPLOYMENT RELATIONS BOARD
Sacramento Regional Office
715 Ninth Street
Sacramento, California 95814
(916) 322-3198
February 11, 1980
Mr. Patrick Hallahan, Statewide Coordinator
SEIU, Local 411, AFL-CIC
1220 H Street, Suite 202
Sacramento, CA 95814
Re: S-SR-15B
#15-Custodial and Services Unit
Dear Election Requester:
After an initial determination found the showing submitted in support of your
election request to be insufficient, an additional time period in which to
perfect your showing was granted.
Final review of all showing submitted in support of your petition in the
above-referenced case has resulted in the administrative determination that
the showing does not meet the requirements of PERB Regulation 41210(c).
Another employee organization has filed a valid Request to Conduct an Election
in the above-referenced unit. In order to appear on the ballot in the
upcoming electon in this case you must file with this office a written request
that your election request be treated by PERB as an intervention to appear on
the ballot. Any written request to this effect must be received in this
office no later than 5 p.m. on February 27, 1980. If no such written request
is received by February 27, 1980, this election request is hereby dismissed as
of February 27, 1980.
An appeal of this dismissal may be made to the Board itself within 10 calendar
days of the date of dismissal 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 must be
concurrently served upon all parties and the Sacramento Regional Office.
Proof of service of the appeal must be filed with the Executive Assistant.
Should you have any questions concerning this matter, please contact me.
Very truly yours,
William E. Brown
Regional Director
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