PERB Order No. A044E•Oakland Unified School District (PERB A044E)
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STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD OAKLAND SCHOOL EMPLOYEES ASSOCIATION, Employee Organization, APPELLANT, and UNITED TEACHERS OF OAKLAND, / LOCAL 771, AFL-CIO, Employee Organization, and OAKLAND UNIFIED SCHOOL DISTRICT, Employer. ) ) ) Case Nos. SF-R-120 SF-R-258 SF-R-273 PERB Order No. Ad-44 Administrative Appeal August 16, 1978 ) ) ) ) ) ) ) ) ) ) ) ) ) ) _____________________ ) Appearances: Andrew Thomas Sinclair, Attorney for Oakland School Employees Association; Robert J. Bezemek, Attorney (Van Bourg, Allen, Weinberg and Roger) for United Teachers of. Oakland, Local 771, AFL-CIO; Oakland Unified School District made no appearance. Before Gluck, Chairperson; Gonzales and Cossack Twohey, Members. DECISION Oakland School Employees Association (hereafter OSEA) appeals the administrative decision of the executive assistant to the Boara to extend the time period allowed for the employee organizations in this case to file showings of employee support which would enable them to appear on the ballots in two classified unit elections. 1 1 Public Employment Relations Board (hereafter Board).
FACTS The Board's Oakland Unified School District decision 2 created three appropriate classified negotiating units - a custodial unit, a kindergarten through grade 12 paraprofessional unit and a children's center paraprofessional unit. The initial order in that decision provided that in order to appear on the election ballots in the custodial unit the employee organizations must demonstrate to the Board at least 30 percent employee support in that unit within 10 workdays after the employer posted the notice of decision. The order erroneously failed to mention the same reouirement in connection with the kindergarten through grade 12 and children's center paraprofessional units. Shortly after the decision was posted, OSEA made an inquiry to the Board regarding when the showing of support was due for the two paraprofessional units. OSEA did not inform the Board of the omission in the order and the Board did not discover it. One day prior to the end of the 10 workday posting period, the Board became aware of the error when United Teachers of Oakland, Local 711, AFL-CIO (hereafter UTO) made a similar inquiry to the Board regarding when the showing of support was due for the two paraprofessional units. When the error was brought to the attention of the executive assistant to the Board, he issued a revised order which specified that the employee oroanizations must demonstrate 2 (4/14/78) PERB Decision No. 50. 2
at least 30 percent employee support in the paraprofessional units in order to appear on the election ballots. He also notified the parties that, because of the error, they would have an additional 10 workdays from the date of service of the revised order to file the required support. OSEA protests this extension of time. UTO qualified for the ballots in both units during the extended filing_ period. OSEA aualified for the ballot in the kindergarten through grade 12 paraprofessional unit during the 10 workday filing period the first order failed to notice. OSEA failed to qualify for the ballot in the children's center paraprofessional unit. DISCUSSION In its app~al of the executive assistant to the Board's decision to allow additional time to file showinos of support, OSEA aroues that the decision should not have been made ex parte and that OSEA should have been given an opportunity to object. It also argues that UTO could not be prejudiced by the omission in the order because Board rule 33480 specifies the time within which the showinos of interest must be filed. 3 calif. Admin. Code, tit. 8, section 33480, which provides:3 Elioibility to Appear on Ballot. Any employee organization which was a party tothe representation hearing may appear on the election ballot provided that during the 10 workday posting period of the notice ofBoard decision the Regional Director is satisfied that the organization has evidenced at least 30 percent support in the unit found to be appropriate by the Board. 3
The Board dismisses this appeal because it concerns a
matter which is not appealable. The Board order was published
in incomplete form. The executive assistant to the Board
corrected the omission by issuing the revised order and by
allowing the parties an additional 10 workdays to demonstrate
employee support in the paraprofessional units.
The Board's correction of a mechanical error is a matter of
internal Board procedure. Any resulting effect on .the parties
only remedies the adverse effect of the original omission. A
party favored by the omission cannot turn its advantage into a
matter of right. And the Board is obligated to restore the
rights of the other parties lost through the inadvertance.
Since the Board's correction of its error does not concern
the rights of the parties, this matter is not appealable. Since
the matter is not appealable, OSEA's arguments which go to the
rights of the parties are not relevant.
ORDER
The Public Employment Relations Board ORDERS that:
The appeal from the executive assistant to the Board's
decision to extend the time period allowed for the employee
organizations to file showings of employee support in two
paraprofessional units, is dismissed.
B;::?" I§t{ymo-nd J/Gon,,z'~ies, fiember Harfy Glu6i/, Chairperson
/j/'ilou Cossack Twohey, Memoer: V
4- ·r----------------•""".·.~,~\~~--i?'.~- .. +:--.~-,-_.,;_&.+-_ --~1~~~~~~~~"!,._."··,\ _,,.,.,,,. __ , J :;~~~:~~w:~R~!~E 2 ~::~ER ·\~~:··:-,m·.~,~- ► 4•068772E174 06/23/78 res IPMRNCZ CSP OAKB q1b3223088 DH TORN SACRAMENTO CA 76 06•23 0615P EST PUBLIC EMPLOYMENT RELATIONS BOARD q23 12 ST SUITE 201 SACRAMENTO CA q4814 THIS MAILGRAM IS CONFIRMATION COPY OF FOLLOWING MESSAGE& - JIM TAMM, SAN FRANCISCO REGIONAL OFFICE PUBLIC EMPLOYMENT RELATIONS BOARO 177 POST ST qTH FLOOR SAN FRANCISCO CA q41oa RE OAKLAND UNIFIED SCHOOL DISTRICT CASE NUMBERS SF•R•120, 258, 273, PERB DECISION NUMBER SO, DUE TO INCOMPLETE LANGUAGE REGARDING SHOWING OF SUPPORT IN ABOVE CAPTIONED CASE ON EXTENSION OF 10 DAVS TO DEMONSTRATE REQUISITE SUPPORT IN THE PARAPROFESSIONAL UNIT ANO CHILORENS 1 S CENTER PARAPROFESSIONALUNIT TO THE REGIONAL DIRECTOR WILL BE PROVIDED, ADDITIONAL TIME TO RUN FROM DATE OF SERVICE OF ERRATA, STEVEN BARBER, EXECUTIVE ASSISTANT TO THE BOARD, PUBLIC EMPLOYMENT RELATIONS BOARD, 923 12TH STREET SUITE 201 SACRAMENTO CA 95814 18115 EST MGMCOMP MGM
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