Marin County Office of Education (PERB A095E)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
MARIN ASSOCIATION OF 	PUBLIC 	EMPLOYEES,
Appellant,
v.
MARIN 	COUNTY 	OFFICE 	OF 	EDUCATION,
Respondent.
)
)
)
)
)
)
)
)
)
)
Case 	No. 	SF-R-4029; 	D-64
PERB 	Order 	No. 	Ad- 95
ADMINISTRATIVE 	APPEAL
July 	10, 	1980
Appearances: 	Beth Winters 	for 	Marin 	Association 	of 	Public 	Employees;
Gregory A. 	Dunn 	for 	California 	School 	Employees 	Association.
Before 	Gluck, 	Chairperson; 	Moore, 	Member.
DECISION AND 	ORDER
The 	Board 	herein 	considers 	the 	regional 	director's 	decision
to 	dismiss 	the 	decertification 	petition 	submitted 	by 	Appellant
Marin 	Association 	of 	Public 	School 	Employees 	(hereafter MAPE).
Based on 	the 	facts 	presented 	to 	the 	Board, 	we 	have 	determined
the 	regional 	director 	correctly 	concluded 	that MAPE 	had 	to 	submit
a 	sufficient 	showing 	of 	support 	as 	is 	required 	by 	PERB 	rule 	33240(c) . 1
1 PERB 	rules 	are 	codified 	at 	California 	Administrative 	Code,
title 	8, 	section 	31000.
PERB 	rule 	33240(c) 	provides:
Service of 	the 	petition, 	excluding 	the 	proof
of 	at 	least 	30 	percent 	support, 	and 	proof 	of
service 	pursuant 	to 	Section 	32140 	are 	required.

The Board finds no justification for imposing on the employer
any obligation to provide information as to the size of unit
referenced by the petition. Neither the Educational Employment
. 2
Relations Act or our rules so provide. Nor is there any evidence
of intentional misconduct, such as providing deliberately misleading
information, which might result in different action by this Board.
MAPE simply alleges that the employer provided it with incorrect
information. Therefore, based on these factual circumstance, we
affirm the regional director's decision to dismiss MAPE's
decertification petition.
PER CURIUM
2The Educational Employment Relations Act is codified at
Government Code section 3540 et�-
-2-