Long Beach Community College District (California School Employees Association, Teamsters, American Federation of Teachers) (PERB A303E)

STATE
	OF
	CALIFORNIA
DECISION
	OF THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
LONG
	BEACH
	COMMUNITY
	COLLEGE
DISTRICT,
Employer,
and
CALIFORNIA
	SCHOOL
	EMPLOYEES
ASSOCIATION,
Exclusive
	Representative,
and
TEAMSTERS,
	LOCAL
	911,
and
AFT 	COUNCIL
	OF
	CLASSIFIED
EMPLOYEES,
Employee
	Organizations.
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___________________
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Case
	No. 	LA-SV-130
Administrative
	Appeal
PERE
	Order
	No.
	Ad-303
April
	28,
	2000
Appearances:	
Parker,
	Covert	
&	
Chidester
	by 	Spencer
	E.
	Covert,
Attorney,
	for
	Long
	Beach
	Community
	College
	District;
	Alan 	S.
Hersh,
	Attorney,
	and Michael
	J.
	Ganley,
	Director, 	for 	California
School
	Employees
	Association;
	Lawrence 	Rosenzweig,
	Attorney,
	for
AFT
	Council 	of
	Classified
	Employees.
Before
	Dyer,
	Amador
	and 	Baker,
	Members.
DECISION
DYER,
	Member:
	On
	November
	5, 	1999, 	a
	Public
	Employment
Relations
	Board
	(PERB
	or
	Board)
	agent 	issued
	an
	administrative
determination 	in
	Case 	Nos. 	LA-DP-324
	and
	LA-SV-130.
In
	.Case No. 	LA-DP-324,
	the
	Board
	agent 	denied 	the motion by
the 	California
	School 	Employees
	Association
	(CSEA)
	to 	stay 	the
representation 	election
	and 	dismiss
	a
	petition 	filed
	by 	the
	AFT
Council 	of 	Classified
	Employees 	(AFT)
	seeking 	to 	decertify
	CSEA

as
	the
	exclusive
	representative
	of
	a
	unit
	of
	classified
	employees
in
	the
	Long
	Beach
	Community
	College
	District.
In
	Case
	No. 	LA-SV-130,
	the
	Board
	agent
	ordered
	a
	petition
filed
	by
	the
	Teamsters,
	Local
	911,
	to
	sever
	a
	unit
	of 	blue
	collar
workers
	from
	the
	unit
	of
	classified
	employees
	represented
	by
	CSEA
to
	be
	held
	in
	abeyance
	until 	certification
	by
	PERE
	of 	the
	results
of
	the 	representation
	election 	in
	Case
	No. 	LA-DP-324.
On
	December
	1,
	1999,
	CSEA
	filed
	both
	an
	appeal 	of
	the
	Board
agent's
	administrative
	determination,
	and
	a
	motion
	to 	stay
	the
representation 	election
	pending
	the 	appeal.
	AFT
	filed
	a
	response
opposing
	CSEA's
	appeal
	and
	request 	for
	a
	stay
	of
	the
representation 	election.
In
	Long
	Beach
	Community
	College
	District
	(2000)
	PERB
	Order
No.
	Ad-301,
	the
	Board
	concluded
	that
	the
	purposes 	of
	the
Educational
	Employment
	Relations
	Act
	(EERA)
1
would
	not
	be
effectuated
	by
	staying 	the
	representation 	election.
	However,
	the
Board
	ordered
	that
	the
	ballots 	cast 	in
	the 	representation
election
	be
	impounded
	pending
	the 	Board's 	decision 	in
	CSEA's
appeal 	of 	the
	Board
	agent's 	administrative 	determination.
On
	February
	22, 	2000,
	CSEA
	wrote
	to
	PERB
	requesting
withdrawal 	of
	its
	appeal 	of 	the 	administrative 	determination
	in
Case 	No. 	LA-DP-324;
	CSEA
also 	requested
	that
	PERE
	immediately
lift 	its
	order
	impounding
	the
	ballots 	in 	the 	representation
election.
Having 	considered
	this 	request, 	the
	Board 	concluded,
	in
1EERA
	is 	codified 	at
	Government 	Code
	section
	3540
	et 	seq.
2

Long
	Beach
	Community
	College
	District
	(2000)
	PERB
	Order
No.
	Ad-302,
	that
	it
	was	
in	
the
	best
	interests
	of
	the
	parties,
	and
consistent
	with
	the
	purposes 	of
	EERA,
	to
	grant
	CSEA's
	request.
On
	April
	3,
	2000,
	CSEA
	wrote
	to
	PERB
	requesting
	withdrawal
of
	its
	appeal 	of
	the
	administrative
	determination
	in
	Case
No
. 	LA -
SV
	13 0 .	.
Having
	considered
	this
	request, 	the
	Board
	again
	concludes
that
	it
	is
	in
	the 	best
	interests
	of
	the
	parties,
	and
	consistent
with
	the
	purposes
	of
	EERA,
	to 	grant
	CSEA's
	request.
ORDER
It
	is
	hereby
	ORDERED
	that
	the
	appeal 	of 	the
	administrative
determination
	in
	Case
	No. 	LA-SV-130
	is
	hereby
	WITHDRAWN.
Members 	Amador
	and 	Baker
	joined
	in
	this
	Decision.
3