PERB Order No. A023E•Fairfield-Suisun Unified School District (PERB A023E)
Fairfield-Suisun Unified School District (PERB A023E)
PERB Order No. A023ECalperb30 dic 1977
Testo completo
STATE OF CALIFORNIA DECISION OF THE EDUCATIONAL EMPLOYMENT RELATIONS BOARD CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION and its SOLA.~O CHAPTER AV-001, Petitioners, and FAIRFIELD-SUISUN UNIFIED SCHOOL DISTRICT, Respondents. ) ) ) ) ) ) ) ) ) ) ) ) _________________ ) ORDER Case No. SF-R-548 EERB Order No. Ad-23 December 30, 1977 The decision of the regional director, dismissing CSEA's request for rec9gnition, is vacated and remanded on the ground that the Board is without authority to dismiss requests for recognition. The case shall proceed to a representation hearing in a manner consistent with the Board's rules on representation hearings, including an informal settlement conference. Educational Employment Relations Board b~l~'1~~STEPHEN BARBER Executive Assistant to the Board Jerilou Cossack Twohey, Member, dissenting: I dissent from the majority's decision to vacate the Regional Director's decision and remand this case for further hearings. Although I recognize some procedural problems with this case, in
fairness to the parties the Board should review the merits of the Regional Director's decision rather than delay resolution of the representation issue for additional months. The facts of this case are straightforward. On February 22, 1977, the California School Employees As·sociation, Solano Chapter AV-001 (CSEA) properly requested exclusive recognition from the Fairfield-Suisun School District to represent approximately 25 classified supervisors. On April 14, 1977, the District rejected CSEA's request for recognition. On April 25, 1977, the District notified the Educational Employment Relations Board (EERB) that recognition was denied on the District's interpretation of Government Code Section 3545(b)(2) . 1 The District asserted that the proposed unit would be represented by the same employee organization as the employees whom the supervisory employees . supervise. 2 In response to the District's denial of recognition, the Regional Director requested information from CSEA regarding the proposed supervisory unit. On May 23, 1977, CSEA wrote a detailed letter_ to the Reg~onal Director outlining its position on the appropriateness of the supervisory unit. Enclosed with the letter were seven "exhibits" to assist the Regional Director in making his decision on whether CSEA could represent the pro- posed unit. The Regional Director dismissed the request for recognition on the basis of his investigation, the information submitted by the parties and his interpretation of Government 1 Gov. Code Sec. 3545(b) states: In all cases: (2) A negotiating unit of supervisory employees shall not be appropriate unless it includes all supervisory employees employed by the district and shall not be represented by the same employee organization as employees whom the supervisory employees supervise. 2 on May 20, 1977, the District granted voluntary recognition to CSEA, Fairfield-Suisun Chapter #302 to represent most of the District's classified employees, excluding management, confidentialand supervisory employees. -2-
Code Section 3545(b)(2). On July 15 1 1977 1 CSEA appealed the Regional Director's dismissal to the EERB. The majority offers little rationale for its order. Pre- sumably, the order is based on the majority view that CSEA never filed the proper petition for an EERB investigation or hearing pursuant to Government Code Section 3544.5(b) . 3 CSEA probably regarded a formal petition superfluous because the EERB Regional Director, on his own initiative, began an investigation inrrnediately after the District's denial of the request for recognition. However, although not titled a "petition," CSEA's letter of May 23, 1977 to the Regional Director in substance constituted a proper petition pursuant to Government Code Section 35<'1-4.S(b), and should be treated as such. 4 This would allow us to make a decision of the merits of the issue today, instead of making the parties wait nearly a year to learn that they should have filed a different piece of paper. The majority's order also indicates that this case cannot be resolved wi~hout a representation hearing. I disagree. Neither 3Gov. Code Sec. 3544.5(b) states: 3544.5. A petition may be filed with the board, in accordance with its rules and regula- tions, requesting it to investigate and decide the question of whether employees have selected or wish to select an exclusive representative or to determine the appropriateness of a unit, by: (b) An employee organization alleging that it has filed a request for recognition as an exclusive representative with a public school employer and that the request has been denied or has not been acted upon within 30 days after the filing of the request; or.... **** 4EERB Rule 33230 requires the District be served with an employee organization petition for EERB investigation. CSEA sent a copy of its May 23, 1977 letter to the District, but did not serve it. I would allow CSEA to serve the District to conform the letter to the procedural requirements of a petition. -3-
the Educational Employment Relations Act nor our Rules and Regulations require a representation hearing in all cases. Government Code Section 3544.7(a) states, in part: Upon receipt of a petition filed pursuantto Section 3544.3 or 3544.5, the board shall conduct such inquiries and investi- gations or hold such hearings as it shall deem necessary in order to decide the questions raised by the petition. Similarly EERB Rule 33270(a) states: Whenever a petition regarding a representation matter is filed with the Board and a question of representation is determined to exist, the Board shall investigate and conduct a hearing, where appropriate, according to the procedures in this Article. A hearing in this case is neither necessary nor appropriate. All that would be accomplished by a hearing is to have the same documents now submitted to the Board introduced as exhibits at the hearing. Additionally, the parties will incur additional legal and adminjstrative expenses. The end result would be a recommended decision. The parties could then appeal that decision. We would then make our decision based on the same record that we presently have before us. After twelve months of waiting, the parties deserve more than a bureaucratic shuffle and are certainly entitled, at a bare minimum, to an explanation. 5 Cossack Twohey, 5Topanga Assn. v. County of Los Angeles, 11 Cal.3d 506, 113 Cal.Rptr. 836 Cl974). -4-
5TATC Of CAllfORNIA ========="'···=-=-·===================== ========== EDUCATlONAl EMPI..O"fMENT RELATIONS BOARD San Francisco Regional Office 177 Post Street, Ninth f-loor San Franci sec, Califori,io 94108 (,ns1 557-1350 California School Employees Association and its Solano Chapter AV-001 791 Laguna Court Fairfield, California 94533 July 7, 1977 Mr. E. Tom Giugni, Superintendent Fairfield-Suisun Unified School District 1025 Delaware Street Fairfield, California 94533 California School Employees Association and its Solano Chapter AV-001 2350 P~rag0n Drive, P. 0. Box 640 San Jose, California 95106 Attention: Charles L. Morrone Gentlemen: RE·: SF-R-548 After a review of the February 22, 1977 request for recognition by the California School Employees Association and its Solano Chapter, AV-001 for a unit of supervisory employees in the Fairfield-Suisun Unified School Dis trice I find that it must be dismissed. On H.:.iy 20, 1976 the Governing Board of the Fairfield-Suisun Unified School District granted voluntary recognition to the California School Employees Association and its Fairfield-Suisun Chapter #302 to represent the classified employees of the Fairfield-Suisun Unified School District. The l!nit excluded those positions designated as management, confi- dential and/or supervisory and also excluded day-to-day substitutes, su::::ncr work crews, temporary augmented crews and school bus drivers. Voluntary recogn.iti·::m was granted to the Hutual Organization of School llus Drivers on May 27, 1976 to represent the school bus drivers excluded from the unit represi..:ntt.:•J by the C,,l iforn ia School Employees Association and its Fair field- Suisun Ch;ipter 1130'2.
Fairfield-Suisun Page T,.,,o On FL:brunry ""'..:..' 1977 the Fairfield-Suisun Unified Sd1ool Distr-f.ct received from the California School Employees Associntion and its Solanu Chapter AV-001 a request for recognition as exclusive rcpresenrative of a1 unit consisting of all classified supervisory employees employed by the District. The Governing Board of the Fairfield-Suisun Unified School District, at its April 14, 1977 meeting, declined to grant voluntary recognition to the California School Employees Association and its Solano Chnpter, AV-001. ,.,., Section 3545 (b)(2) of the Educational Employment Relations Act states that supervisory employees 11 ••• shall not be r~presented by the same employee organization as employees whom the supervisory employees supervise." The issue in this instance therefore is whether the· Solano Chapter, AV-001 and the Fairfield-Suisun Chapter U302 are the same employee organization. From the material provided to this office by the local chapters and the state organi- zation I find· the following: (1) It is not contested that members of the Solano Chapter, AV-001 directly supervise employees in the classified unit represented as the exclusive representative by the California School Employees Association and its Fairfield-Suisun Cha~ter #302. (2) The California School Employees Association is currently a party to the recognition in the classified unit ,::m<l seeks to be a party to any recognition or certificntion in tht! :;;upcrvisury unit. (J) The vast majority of dues po.id by each member of both the Fairfiel<l- Suisun Chapter 0302 nnd the Solano Chapter. AV-001 goes to the C.::iliforni.a School Employct:!s Association .nnd is not retained at the loc.::il l~vc:l.
FairficlJ-Suisun
Page
111re('
-----
---~----
(4)
\-.'llile
tLL!
Solano
Clwptl•r,
AV-001
nnd
the
Fairfield-Suisun
Cli:ipter
i/302
hnve d
ifforcnt
fie
1 d
rcprescnt.1tives,
both
field
representatives
are
employees
of
and
are
paid
by
the
California
School
Employ..,cs
As,;ociation.
Therefore,
much
of
the
representn-
tion of
employees
in
both
units
is
controlled
by
the
California
School
Employees
Association.
(5)
Employees
in
both
chapters
contribute
to
a
special building
fund
for
the
eonstruction,
furnishing,
maintenance,
repnir,
and
other
costs
of the
California
School
Empl9yees
Association's headquarters
complex.
(6)
Employees
of
both
chapters
appear to
~e
eligible
for the
same
internal benefit
package
(insurance,
economic
discounts,
and
lia-
bility2enefits)
provided
by
the
state
organization
to
its
members.
(7)
Members from
both
chapters are
eligible
to
attend
any
annual
or
special
confer~nce
of
the
California
School
Employees
Association,
and have
equal voting
eligibility.
(8)
In
choosing
area
directors
each chapter
has
one
vote determined
by
a
plurality of
the
qualified
membership.
(9)
Article
VII
of
the
California
School Employees
Assncintion
by-laws
page 30
provides the following:
"Concert1..:J Act i
viti
•.·s:
Wile Liiv r
the
b,1 rg.:1
in
i
ng rcprt.:scnta
tive
in
any
b;irgnining
is
tht.!
,\ssociati,1n,
;i
chapter,
or
tl1c
Association
.:ind ;1
chapter
jointly,
no
Clll1Ccrt~J
,iction sh.ill
b~~
im,tituted
by,
or at
the instance
of the
bdrg;1in
i11g
represcntn
ti
vu
unless.
(c) approval shall
have bet>n
granted by tile Uonrd
of Directors
uf California School Employees Association.
11Fnirfield-Suisun Page Four The buar'tl o[ d.Lreclors of thv California School Employees Associ.:Jtion therl!fOrl! has ultimnte control over any conccrtl!d activities of v. t.th<.:r chapter. Furthermore, the board of directors is composed of the elecL1.:<l officers of CSEA and any CSEA member can run for elected office. Thus, supervisory members ns well ns the employees they supervise mny become members of the board of directors. separate Because of the above, I therefore find that both chapters are not employee organizations under section 3545 (b)(2) of the net, but are in fact only sub-divisions of a single employee organ~zation, the California School E=ployees Association. Your petition is therefore hereby dismissed. An appeal to this decision may be made within ten calendar days of receipt of this letter, stating the facts upon which the appeal is based and filed with the Executive Director, Mr. Charles Cole, at 923 12th Street, Suite 200, Sacra- mento, Califo·rnin 95814. Copies of any appeal must be served upon all other parties to this action with an additional copy to the San Francisco Regional Office. Your very truly, James \,;. T.:imm Regional Dlr~ctor J\..'T :r:,.:1
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