Poway Unified School District (PERB A173E)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
SERVICE 	EMPLOYEES 	INTERNATIONAL UNION,
LOCAL 102, AFL-CIO,
Exclusive 	Representative,
and
CALIFORNIA 	SCHOOL 	EMPLOYEES ASSOCIATION
and 	its 	POWAY CHAPTER 	#313,
Employee 	Organization,
and
POWAY UNIFIED 	SCHOOL 	DISTRICT,
Employer.
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) 	Case No. 	LA-D-219
(R-109A)
Administrative 	Appeal
PERB Order No. 	Ad-173
July 18, 	1988
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Appearances: 	Georgiou & 	Tosdal by 	Thomas 	Tosdal 	for 	Service
Employees 	International Union, 	Local 102, 	AFL-CIO.
Before Hesse, 	Chairperson; 	Craib and Shank, 	Members.
DECISION
CRAIB, 	Member: 	Service Employees 	International Union,
Local 	102, 	AFL-CIO 	(SEIU) 	requests 	to withdraw 	its 	appeal 	of 	a
May 	2, 	1988 administrative determination by an agent of 	the
Public 	Employment 	Relations 	Board 	(Board). 	The Board agent
determined 	that 	a 	decertification petition 	filed 	on March 	11,
1988, 	by 	the 	California 	School 	Employees Association and 	its
Poway 	Chapter 	#313 	(CSEA) 	was 	not barred by a contract
extension 	executed 	by 	SEIU 	and 	Poway 	Unified 	School 	District
(District). 	In addition to its appeal, 	SEIU filed a request
for 	a 	stay of 	all 	activity 	in 	the 	case pending 	the 	Board's
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resolution 	of 	the 	appeal.1 The 	request 	for 	stay was 	the
subject 	of an earlier withdrawal 	request, 	which 	shall 	also be
addressed herein. 	Neither 	request 	for 	withdrawal 	is 	opposed by
either 	CSEA or 	the 	District.
After 	reviewing 	the 	record 	in 	this 	case, 	including 	the
appeal 	and 	the 	issues 	involved 	therein, 	we 	find 	that 	the
purposes 	of 	the 	Educational 	Employment 	Relations Act 	(EERA),2
as 	well 	as 	the 	interests 	of all 	concerned, 	will be best 	served
by granting 	SEIU's 	withdrawal 	requests.
ORDER
The 	appeal 	of 	the 	administrative 	determination of 	May 	2,
1988 	and 	the 	request 	for 	stay of 	activity 	are hereby DISMISSED
in 	accordance 	with 	the 	above 	Decision 	and 	the 	Director 	of
Representation 	is 	ordered 	to proceed with 	the 	tally of ballots.
Chairperson 	Hesse 	and Member 	Shank 	joined 	in 	this 	Decision.
1The 	decertification 	election was 	held 	on June 	13, 	1988
and 	the ballots 	have been 	impounded pending 	our 	consideration
of 	the 	stay 	request.
2EERA 	is 	codified 	at 	Government 	Code 	section 	3540 	et 	seq.
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