Los Angeles Unified School District (PERB 0424EA)

STATE 	OF CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
LOS 	ANGELES 	UNIFIED 	SCHOOL
DISTRICT,
Employer,
and
SUPERVISORY EMPLOYEES UNION, 	LOCAL
347, SEIU, AFL-CIO,
Employee 	Organization.
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) 	Case 	No. 	LA-R-835
PERB 	Decision 	No. 	424a
December 30, 	1987
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Appearances; 	O'Melveny & Myers by Joel M. 	Grossman, 	for Los
Angeles 	Unified 	School 	District; 	Law Offices 	of Henry S. 	Barbosa
by Douglas 	D. 	Barnes, 	for Supervisory Employees Union, 	Local
347, SEIU, AFL-CIO.
Before Hesse, 	Chairperson; 	Porter and Shank, 	Members.
DECISION
HESSE, 	Chairperson: 	Pursuant 	to the order of 	the 	Second
District 	Court 	of 	Appeal 	in Los Angeles 	Unified 	School 	District
v. 	Public 	Employment 	Relations 	Board 	and 	Classified 	Union 	of
Supervisory Employees, 	Local 347, 	SEIU, 	AFL-CIO 	(1986) 	191
Cal.App.3d 	551,1 the 	Public 	Employment 	Relations 	Board 	(PERB
or Board) hereby:
1. 	Vacates 	its 	decision 	in the 	above-captioned matter, 	PERB
Decision No. 	424 	issued on October 24, 	1984, 	finding that
1The 	California 	Supreme Court 	on April 	30, 	1987,
dismissed 	the petition 	for 	review 	in 	this 	case, 	remanded 	this
matter 	to 	the 	Second 	District 	Court 	of Appeal 	and 	directed
publication of 	the 	Court 	of Appeal's 	opinion.
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Supervisory Employees Union, 	Local 	347 	(Local 347), 	Service
Employees 	International 	Union, 	AFL-CIO was 	not 	the 	same
employee 	organization 	as 	Los 	Angeles 	City 	and 	County School
Employees 	Union, 	Service Employees 	International Union, 	Local
99 	(Local 99), 	within the meaning of section 3545(b)(2) 	of 	the
Educational 	Employment 	Relations 	Act 	(EERA or 	Act),2 and
therefore 	that 	Local 	347 	was 	not 	precluded 	from 	representing
supervisors 	who 	supervise 	rank-and-file 	employees 	represented
by Local 	99; 	and
2. 	Vacates 	its 	ORDER 	in 	said 	case 	which provided 	that 	an
election be 	conducted 	to 	determine 	whether 	Local 	347 	shall 	be
3the 	exclusive 	representative 	of 	supervisory 	employees.3
3. 	By this 	DECISION, 	the Board determines 	that Local 	347
and 	Local 	99 	are 	the 	same 	employee 	organization within 	the
meaning of 	section 	3545(b)(2) 	of 	the Act 	and 	that Local 	347 	was
precluded 	from 	representing 	supervisors 	who 	supervise
rank-and-file 	employees 	represented by Local 	99.
Members 	Porter 	and 	Shank 	joined 	in 	this 	Decision.
2 EERA 	is 	codified 	at 	Government 	Code 	section 	3540 	et
seq. 	Unless 	otherwise 	indicated, 	all 	statutory references
herein 	are 	to the 	Government 	Code.
3We 	note 	that 	in November 	1985, 	before 	issuance of 	the
Court's 	opinion, 	an election was held pursuant 	to 	section
3542(a). 	However, 	the 	instant supervisory employees voted
against 	representation by Local 	347.
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