Long Beach Community College District (California School Employees Association, Teamsters, American Federation of Teachers) (PERB A301E)

STATE
	OF
	CALIFORNIA
DECISION
	OF 	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
LONG
	BEACH
	COMMUNITY
	COLLEGE
DISTRICT,
Employer,
and
CALIFORNIA
	SCHOOL 	EMPLOYEES
ASSOCIATION,
Exclusive 	Representative,
and
TEAMSTERS,
	LOCAL
	911,
and
AFT 	COUNCIL
	OF
	CLASSIFIED
EMPLOYEES,
Employee
	Organizations.
Case
	Nos.
	LA-DP-324LA-SV-13
0
Request
	for
	Stay
PERE
	Order
	No.
	Ad-301
January
	3,
	2000
Appearances: 	Alan
	s.
	Hersh,
	Attorney,
	for 	California
	School
Employees
	Association;
	Lawrence 	Rosenzweig,
	Attorney,
	for
	AFT
Council 	of
	Classified
	Employees.
Before 	Caffrey,
	Chairman; 	Dyer 	and
	Amador, 	Members.
DECISION
CAFFREY,
	Chairman:
	On
	November
	5, 	1999, 	an 	agent 	of
	the
Public
	Employment
	Relations
	Board
	(PERB
	or
	Board)
	issued 	an
administrative 	determination 	in
	Case 	Nos. 	LA-DP-324
	and
LA-SV-130.
	In
	Case
	No. 	LA-DP-324,
	the
	Board agent 	denied 	the
motion 	by
	the 	California
	School 	Employees
	Association
	(CSEA)
	to
stay 	the 	representation 	election
	and 	dismiss
	a
	petition 	filed
	by
the
	AFT
	Council 	of 	Classified
	Employees 	(AFT)
	seeking 	to

decertify
	CSEA
	as
	the 	exclusive
	representative
	of
	a
	unit
	of
classified
	employees
	in
	the
	Long
	Beach
	Community
	College
District.
	In
	Case
	No.
	LA-SV-130,
	the
	Board
	agent 	ordered
	a
petition 	filed
	by
	the
	Teamsters, 	Local
	911
	to
	sever
	a
	unit
	of
blue
	collar
	workers
	from
	the
	unit
	of
	classified
	employees
represented
	by
	CSEA
	to
	be
	held
	in
	abeyance
	until 	certification
	by
PERB
	of 	the
	results
	of
	the
	representation
	election 	in
	Case
	No.
LA-DP-324.
On
	December
	1,
	1999,
	CSEA
	filed
	an
	appeal 	of 	the
	Board
agent's
	administrative
	determination,
	and
	a
	motion
	to 	stay 	the
representation 	election
	pending
	the 	appeal.
	AFT
	filed
	a
	response
opposing
	CSEA's
	appeal
	and
	request
	for
	a
	stay
	of 	the
representation 	election.
The 	Board
	concludes
	that
	the
	purposes
	of 	the 	Educational
Employment
	Relations
	Act
	(EERA)	
will
	not
	be
	effectuated
	by
staying 	the 	representation 	election.
	However,
	the
	Board
	further
concludes
	that
	the
	purposes 	of
	EERA
	will
	be
	effectuated
	by
ordering
	that
	the
	ballots
	cast 	in
	the
	representation 	election
	be
impounded
	pending
	the 	Board's 	decision 	in
	CSEA's
	appeal 	of
	the
Board
	agent's 	administrative 	determination.
1
2
ORDER
The
	request
	by
	the 	California
	School 	Employees
	Association
for
	a
	stay
	of 	the 	representation 	election 	in
	Case
	No. 	LA-DP-324
1EERA
	is 	codified 	at
	Government 	Code
	section
	3540
	et 	seq.
By
	its
	ruling, 	the 	Board 	takes
	no
	position
	on
	the 	merits 	ofCSEA's
	appeal 	of 	the 	regional 	director's 	administrative
determination.
2
2

is
	DENIED.
	The
	San
	Francisco
	regional
	director
	of
	the 	Public
Employment
	Relations
	Board
	is
	ordered
	to
	proceed 	with 	the
election
	in
	accordance
	with
	PERB
	regulations
	and
	thereafter
	to
impound
	the
	ballots
	cast 	in
	the
	representation
	election
	pending
the 	Board's 	decision 	in
	CSEA's
	appeal 	of
	the
	administrative
determination.
Members
	Dyer 	and
	Amador
	joined
	in 	this
	Decision.
3