Santa Clara Unified School District (PERB A006E)

STATE 	OF 	CALIFORNIA
EDUCATIONAL 	EMPLOYMENT 	RELATIONS 	BOARD
United Teachers of Santa Clara
in appeal of
Administrative Decision
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)
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)
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Case No. 	SF-R-266
EERB Order No. 	Ad-6
ORDER
_________________ )
The decision of the San Francisco Regional Director to stay the representation
election in the above-captioned case is sustained by the Board itself. 	Since
the parties may wish to proceed to an election notwithstanding unresolved
unfair practice charges, 	the Regional Director is instructed to seek waivers
from all parties of the right 	to file objections on the basis of the allegations
in the unfair practice charge. 	In the event such waivers are received, 	an
election should be conducted by the Regional Director.
The Board itself declines appellant's request for oral argument.
Educational Employment Relations 	Board
by
~~Stephen Barber
Executive Assistant to 	the Board
3/8/77
Chairman Alleyne, 	dissenting:
I 	dissent from the Board order which maintains 	the stay of the representation
election unless 	"all parties" waive the right to file objections on the basis

-2-
of
	the
allegations
	contained
	in
	the
unfair practice
charge.
	No
	party
	in this
case seeks to block
the
election
because
of
	the
unfair practice
charges.
Accordingly,
	the
	election
should
be
held
as desired
	by
all
parties.
	I 	know
of
no
	precedent
	for 	the
	Board's
	action
	in
	this
	case.
	The
National
Labor
	Relations
Board,
	for
	example,
	will
lift
an
election stay
and
	conduct
	an
election
at
	the
request of
an
unfair-practice
charging
party,
	when
	the charging
party
	files
	a
request to
proceed
with the
	election.
	The
only
waiver
	required of
	the
	charging
party in that
	instance
	is
a
waiver
	of
	the
	right
	to
	file
	objections to
	conduct
taking place before the
representation
petition
in
	the
	case
was
	filed.
	See
NLRB
Form 4551,
	reproduced
	in
LRX
4317 	(Bureau
of National
Affairs).
This
election
should
be conducted
without
	further
delay.
~~
Reginald Alleyne,
	Chairman

ST ATE OF c.a..,::.u=F,,.,O==R=N==IA=="""""=-------..,.ei=.----==-·-~--,.,,...----...----="'-• EOI.IUND a. SSIOWN. JR.~ G<Jtttnot
EDUCATIO:-.AL EHPLOYl-E:~T RELATIONS BOARD
1390 ~tuket 	Stt'eet, 	Room 911
San Francisco, 	CA 	94102
(415) 	ss7-13so
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R-f"-<c.1.,c/V~O 	r,. i: ?;?-	\J,., ..... , 	,,-;Tl·	l_,
January 24, 1977
Re: 	Santa Clara Unified School District
SF-CE-13
Mr. 	Robert Persky, 	Executive Director
United Teachers of Santa Clara
1333 Lawrence 	Expressway, 	Suite 266
Santa Clara, 	California 	95051
Dear Mr. 	Persky:
Pursuant to your request of January 11, 	1977 	that I 	set a 	date
for an election in the Santa Clara Unified School District, 	I
have reviewed 	the matter. 	In 	that 	the 	Santa Clara Federation
of Teachers has 	filed an unfair practice charge 	(SF-CE-13)
alleging certain actions by the Di~trict were 	taken in an effort
to influence 	the outcome of the election and inasmuch as a 	formal
hearing 	is set 	for February 7, 	1977 I 	feel 	it would not be
appropriate-to set an election date until after 	the unfair
practice charge is closed~
An appeal to 	this decision may be made within ten calendar days
of receipt of this 	letter, 	stating the 	facts 	upon which the
appeal 	is based and 	filed with the Executive Director, Mr. 	Charles
Cole~ 	at 923 12th Street, 	Suite 200, 	Sacramento, 	California 95814.
Copies of any appeal must be served upon all other parties to 	this
action with an additional copy to 	the San Francisco Regional Office.
Sincerely,.
.. I 	~
~·11~(): 1~
James W. 	Tamm
Regional Director
JWT:ma
cc: 	Jim Ramm, 	President, 	Santa Clara Federation of Teachers
Santa Clara Unified School District
J. 	Michael Taggart, 	Patterson & Taggart