PERB Order No. J004E•Turlock School Districts (PERB J004E)
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STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD TURLOCK SCHOOL DISTRICTS (TURLOCK JOINT UNION HIGH SCHOOL DISTRICT, TURLOCK JOINT UNION SCHOOL DISTRICT), Employers, Petitioners, and TURLOCK SCHOOL COUNSELORS ASSOCIATION, Employee Organization, and TURLOCK TEACHERS ASSOCIATION, CTA/NEA, Employee Organization, and TURLOCK PROFESSIONAL EDUCATORS GROUP, Employee Organization, and TURLOCK AMERICAN FEDERATION OF TEACHERS, Employee Organization, and SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 110, AFL-CIO, Employee Organization, and CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION, TURLOCK CHAPTER 56, Employee Organization. Case Nos. S-R-4 S-R-7 S-R-61 S-R-97 PERB Order No . JR-4 January 18, 19 78 ORDER DECLINING REQUEST TO JOIN IN JUDICIAL REVIEW The Public Employment Relations Board itself hereby declines
request of petitioner in the above-captioned case to join in judicial review of EERB Order No. Ad-18. Public Employment Relations Board by Stephen Barber Executive Assistant to the Board Jerilou Cossack Twohey, Member, concurring: I agree that we should not join in the Districts' request for judicial review. The District, in support of its request for judicial review, argues that the issue decided in this case was whether Turlock Joint Union High School District and Turlock Joint Union School District "...may act jointly for purposes of collective bargaining." (Emphasis added.) In fact, the question decided by this case was whether these two districts must act jointly for purposes of collective negotiations. This case arose because three employee organizations sought to represent the employees of both districts in a single negotiating unit,2 three employee organizations sought to represent the employees of these two districts in separate negotiating units,3 and both districts doubted the appropriateness of all of the units sought as well as contested the showing of support submitted by four of the employee organizations. As a result of the Board's decision, the employees of each school district, independent of the employees of the other school district, may 1See my dissent in Grossmont Union High School District, EERB Decision No. JR-2, July 25, 1977. 2Turlock School Counselors Association; California School Employees Association, Chapter 56; and Turlock Teachers Association, CTA/NEA. 3Turlock Federation of Teachers; Service Employees International Union, Local 110, AFL-CIO; and Turlock Professional Educators Group. -2-
determine which, if any, employee organization they wish to represent them for purposes of negotiating with the school district. Presumably this question has been or ultimately will be resolved by an election. Once the question of representation has been resolved, the two school districts and whatever exclusive representatives have been selected may or may not wish to negotiate jointly. The validity of any such subsequent agreement has not been decided by the Board's decision in Turlock. Jerilou Cossack Twohey, Member -3-
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