Alum Rock Union Elementary School District (PERB A279E)

STATE
	OF
	CALIFORNIA
DECISION
	OF 	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
ALUM
	ROCK
	UNION
	ELEMENTARY
	SCHOOL
DISTRICT,
Employer,
and
TEAMSTERS
	LOCAL
	228,
Petitioner,
and
CALIFORNIA
	SCHOOL 	EMPLOYEES
ASSOCIATION,
Exclusive 	Representative.
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Case
	No.
	SF-D-226
Stay 	of
	Election
PERB
	Order
	No.
	Ad-279
July
	17,
	1996
Appearances:	
Beeson, 	Tayer
	&
Bodine 	by
	Robert
	Bonsall, 	Attorney,
for
	Teamsters 	Local
	228; 	Maureen
	C.
	Whelan,
	Attorney,
	for
California
	School
	Employees
	Association.
Before 	Caffrey,
	Chairman;
	Garcia
	and 	Dyer,
	Members.
DECISION
	AND
	ORDER
GARCIA,
	Member:
	This 	case
	is
	before 	the 	Public
	Employment
Relations
	Board
	(PERB
	or
	Board) 	on
	appeal
	by
	the
	California
School
	Employees
	Association
	(CSEA)
	from
	a
	Board
	agent's
administrative 	determination 	issued
	May
	29, 	1996.
	The
	Board
agent 	determined
	that 	the 	April
	16,
	1996
	petition 	filed
	by
Teamsters 	Local
	228
	(Teamsters)
	was
	a
	technical
	amendment
	to
	the
March 	29, 	1996
	decertification 	petition
	and 	ordered
	that
	an
election
	be 	conducted 	to 	determine 	the 	representative,
	if
	any,
desired
	by
	the
	employees
	in 	the 	Paraprofessional 	Unit 	for
purposes 	of 	meeting 	and 	negotiating 	with 	their
	employer, 	the
	Alum
Rock 	Union 	Elementary 	School 	District.

Following
	the 	issuance 	of
	the
	Board
	agent's
	determination,
CSEA
	filed
	an
	administrative
	appeal 	along 	with
	a
	request
	to 	stay
the
	election
1
pursuant
	to
	PERB
	Regulation
	32370.
2 	PERB
	will
grant
	a
	stay 	in
	the
	interest
	of
	administrative
	economy 	when
	the
new
	election
	would
	be
	unnecessary
	if
	the
	Board
	overrules 	the
Board
	agent.
	(See,
	e.g.,
	Pittsburg
	Unified
	School
	District
(1978)
	PERB
	Order
	No.
	Ad-34
	and
	Gilroy 	Unified
	School
	District
(1991)
	PERB
	Order
	No.
	Ad-224.)
A
	stay
	of
	the
	election
	pending
	the
	outcome
	of
	this
	appeal
	is
appropriate.
	The
	Board
	hereby
	ORDERS
	that
	the
	election
	ordered
in
	Alum Rock
	Union
	Elementary 	School
	District,
	Case
	No.
	SF-D-226,
be
	STAYED
	pending
	the 	Board's
	decision
	on
	the
	administrative
appeal.
Chairman
	Caffrey
	and
	Member
	Dyer
	joined
	in 	this
	Decision.
1
In
	its
	response 	to 	the 	appeal, 	the 	Teamsters 	concede
	that
	a
stay
	would be
	appropriate 	under 	the 	circumstances.
2PERB
	regulations 	are 	codified 	at 	California
	Code
	of
Regulations,
	title
	8, 	section
	31001
	et 	seq.
2