Antelope Valley Union High School District (PERB A087E)

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STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD

ANTELOPE VALLEY UNION HIGH
SCHOOL DISTRICT,

Case No. LA-R-55,
D-52

Employer,

and
PERB Order No. Ad-87
UNITED TEACHERS OF THE
ANTELOPE VALLEY, Administrative Appeal

Employee Organization
‘ April 30, 1980

and

ANTELOPE VALLEY UNION HIGH SCHOOL
DISTRICT TEACHERS ASSOCIATION
CTA/NEA,

Employee Organization,
APPELLANT.

Ne Ne ce et ee et ee ee See Sel Ne Net ee et ene Senet Set ee eel Se eel

Appearances: Duane B. Beeson, Attorney (Beeson, Tayer, Kovach
& Silbert) for Antelope Valley Union High School District
Teachers Association, CTA/NEA; Lawrence Rosenzweig, Attorney
(Levy & Goldman) for United Teachers of the Antelope Valley.

Before Gluck, Chairperson; Gonzales and Moore, Members.
DECISION
The Antelope Valley Union High School District Teachers
Association, CTA/NEA (hereafter CTA) appeals a regional
director's decision directing a decertification election in a
certificated unit in the Antelope Valley Union High School
District for which CTA is the incumbent exclusive

representative. CTA contends that the petitioner for

decertification, the United Teachers of the Antelope Valley
School District (hereafter United Teachers) is not an employee
organization. The basis of CTA's contention is a draft of the
United. Teachers' constitution which provides that CTA and other
organizations will be constituent members of the United
Teachers. CTA denies it does or will participate in that
organization.	--
Section 3540.l(d) of the Educational Employment Relations
Act defines an employee organization as:
any organization which includes employees of
a public school employer and which has as
one of its primary purposes representing
such employees in their relations with that
public school employer.
United Teachers, in its response under penalty of perjury
to the appea� denies that the draft constitution is its current
constitution and submitted a copy of its current constitution.
It also submitted the names of certain certificated employees
in the existing unit who are dues-paying members of United
Teachers. CTA's appeal is silent on both of these matters.
Based on its current constitution and on the fact that its
members include certificated employees of the Antelope Valley
Union High School District, United Teachers clearly meets the
statutory definition of an employee organization.
Section 3544.S(d) of the Educational Employment Relations
Act expressly requires only that a petition be supported by
proof that at least 30 percent of the emploiees in the unit
2

support
	the
	decertification 	petition.
	The
	Act
	establishes·
no 	minimum
	membership
	requirements 	as
	the
	precondition
	to
	the
filing
	of
	a
	decertification 	petition.
	The
	Board 	imposes 	none.
1
The
	regional
	director's
	order 	scheduling
	a
	decertification
election 	is
	AFFIRMED.
PER
	CURIAM
lsection
	3544.S(d)
	reads:
(d}
	An
	employee
	organization 	alleging
	that
the
	employees
	in
	an
	appropriate
	unit
	no
longer
	desire
	a
	particular
	employee
organization
	as
	their
	exclusive
representative,
	provided
	that
	such
	petition
is
	supported
	by
	current
	dues
	deduction
authorizations
	or
	other
	evidence 	such 	as
notarized
	membership
	lists,
	cards, 	or
petitions
	from 	30
	percent 	of 	the
	employees
in 	the
	negotiating 	unit 	indicating
	support
for 	another
	organization 	or 	lack 	of 	support
for 	the
	incumbent
	exclusive 	representative.
Such
	evidence
	of 	support
	shall
	be
	submitted
to 	the 	board,
	and
	shall
	remain
	confidential
and
	not
	be
	disclosed
	by
	the 	board.
	The
board
	shall
	obtain
	from
	the
	employer
	the
information 	necessary 	for
	it
	to 	carry 	out
its
	responsibilities
	pursuant 	to
	thissection
	and
	shall 	report 	to 	the
	employee
organizations 	seeking 	recognition
	and
	to 	the
public 	school
	employer 	as 	to 	the
	adequacy
	of
the 	evidence 	of 	support.
3

-	
·-
PUBLIC
EMPLOY!1ENT
RELATitN8
BOARD
DIRECTED ELECTION
	ORDER
Name
of
Employer 	Ante1ope
Va11ey
Union
High
Schoo1
District	
Case
Number
LA-R-55.
D-52
Pursuant to California
Government
Code
Section
3540
et
	seq.,
the Regional
Director
of
the Pub1ic
Employment
Relations
Board
hereby orders
an
Election, the
provi~ions
of
which
are as follows:
1.
	Jurisdiction.
	The
Employer
is
a public school employer within the meaning
of the Act;
and
any
signatory
employee
organization
is
an employee
organization
within the
meaning
of the Act;
	and
the
employees
described in the appropriate
unit
are public school employ~s within the
meaning
of the Act.
2. 	Election.
	An
election
by
secret
ballot
shall
be
held under the supervision
of
the Public
Employment
Relations
Board
Regional Director,
among
the employees
ofthe undersigned employer in the
unit
defined below,
at
the indicated time
and
place.to determine whether or not such employees
desire to
be
represented for the purpose
of
meeting
and
ne-;;otiating by (one
of}
the undersigned
employee
organization(s).
	The
election
sha11 be
held in accordance with
Government
Code
Section
3540
et
	seq. and
the applicable rules
and
regulations
and
procedures
of
the
PERS.
3. 	Voter
Eligibility.
	The
eligible
voters shall
be
those employees wi,thin the
unit
described
below
who
were
employed
on
the
eligibility
cutoff date indicated below,
and
who
are
still
employed
on
the date of the election. 	This includes employees not
at
work on
the date of the election because they were
ill;
on
vacation. leave
of
absence,
or
sabbatical; temporarily laid off;
a•nd
employees in the mi1itary ser·lice of
the United States
who
appear in person
at
the
polls.
4. 	Voter
Lists.	
By the date indicated below, the employer shall
file
with the
regional
office
list(s)
containing the
names,
job
titles
and work
locations of
all
the
eligible
voters. 	A copy
of
the
list(s)
shall
be
served concurrently
by
the
employer
on
each ·employee organization appearing
on
the
ballot.
	A statement of servicesha
11
be
sent to the regi
ona
1
office
with the 1is t(
s).
· 5. 	Notice of Election.
	The
Regional Director shall serve
on
the employer and
the
eligible
employee organizations a Notice of Election describing the
manner and
conduct of the election to be held
and
incorporating therein a sample
ballot.
	By
the
.:late indicate.J
he1ow,
tllP.
i:mrloyf:lr
shall
	~••st such
l'Jotic,~
crf Election
cc,r.s;:::ic'.lous?y
on
all
	employe.!
bulletin
boards in each
facility
of the employer in whtch
r.:-ambers
ofthe
unit are
employe<l.
6. 	Obser,ers.
	Each
party will
be
al1owe<l
to
station
an
equal
	number
of
authorized oosarvers selected
from
the
nonmanagement,
nonsupervisory employees
ofthe employer
at
the polling places during the election to
assist
in
its
conduct. to
cha11enge the
eligibility
of voters,
and
to verify the Tally of Ballots.	
!f
the
unit
consists of supervisory employe~s the parties
may
designate supervisors as observers.
7. 	Challenges. 	A
PERS
election
officer
or
an
authorized observer
may
question
the
eligibility
of a voter. 	A person
so
challenged shall
be
permitted to cast a
challenged
ballot.
	Unresolved challenges,
when
sufficient in
number
to affect the
results of the election, shall
be
resolved
by
PERB.
8. 	Tally of Ballots.
	As
soon
after
the election as feasible. ballots shalt
be
mingled and counted
at
the location designated below and
tabulated
by
the Regional
Director or the Regional Director's designated agent.
	Upon
the conclusion of :hecoun~ing, the Regional Director or designated agent
sha11
furnish a Tally
of Ballots
to each of the parties.
9. 	Objections
and
Post Election Procedures. Objections to the conduct of the
e1ection or conduct affecting the results of the election, or to a determination of
representatives based
on
the results thereof,
may
be
filed with the Regional Director
within
10
calendar days following receipt of the
Ta11y
of Ballots. 	Copies of such
objections must be served upon the other parties at
the time of filing with the
Regiona1 Dir"!~tor.
	A11
other procedures ·subsequent to the conc1usion of counting of
ballots and issuance of Ta11y of Ba11ots shall be in conformity ~iith
PERS
RoJles
and
Ragulations.
10. 	Runoff Elections. 	In the event a runoff election is necessary,
it
sha11
be run at the direction of the Regional Dire<:tor.
PS~B-207 ( 5/79}

11. 	\.lordino
on
Ba11ot.
	The
name(s)
of
the
employee
organization(s)appear
on
the ba
l1
ot
in addition to the designation "Ila Representation".
	The
c:t,
	·;
	.
on
the ba11ot
sha11
appear in the wording
and
	01
	order enumerated
be10\~,
raading
front~
left
to
right
on
the
ballot.
First:	
United Teachers
of
the Antelope Valley
(UTAV)
Second:	
No
Representation.
Third: 	Antelope Valley
UHSD
Teachers.Association
CTA/NEA
Fourth:
12. 	Cutoff Date
for
Voter E1igibi1ity:
	March
31,
1980
13. 	Date{s),
Hours and
Location{s) of Election:
May
1,
1980
1:00
P.M.
to 5:00
P.M.	
BOARD
ROOM
Antelope Valley
Union
High
School
District
45024
North
Third
Street
East
Lancaster, California
14. 	Voter
List
To
Be
Received
by
PERS
No
Later Than: 	April 23.
1980
15. 	Notices of Election
To
Be
Posted
No
Later Than: 	April 23,
1980
16. 	Date,
Time
and
Location of Cauntino of Ballots:
	As
soon
as possible
after
the close of polls
at
the polling place.
17.	
The
Acoropriate Unit:
Sha
11
INCLUDE:
See
attached
Appendix
A.
Sha11
EXCLUDE:
18.
	Special Provisions. 	(For use as directed
by
PERB
only)
A.	
Each
party
may
station
one
authorized observer selected
from
the
nonmanagement,
nonsupervisory employees
of
the
district
at
the polling place.
8. 	This directed order should not
be
interpreted ta
mean
the
Board
would
find the unit described herein ta
be an
appropriate unit
in a disputed case.
Ocdmd
by	
L 	~	
!f..	
~
Regional Directo?C
Public Employment Relations Board

APPENDIX
A
THE
	VOTING
	UNIT:
Shall
	INCLUDE:
All
	regular permanent
and
	probationary
certificated
employees
	including
allregular secondary classroom teachers, 	temporary teachers hired under a
contract for
	one
semester or longer, department chairpersons, 	guidance
counselors,
	head
guidance counselors, secondary librarians, 	audio-visua1
coordinators, school work-experience coordinators, secondary nurses,
	and
	full-
time contract adult education teachers.
Shall
	EXCLUDE:
All
	classified
and
other noncertificated employees; all 	substitutes in
any
capacity, 	individuals
who
	are hired specifically to perform extra-duty
assignments or
who
	are hired
on
	an
	hourly basis
and
are not otherwise regu-
larly
employed
by the District;
	any employee
whose
	primary
employment
	is
	not
with the
District,
	such as
	sheriff's
	deputies 	in 	the Student
and
	Law
	program;
all
	management
employees within the
meaning
of
Government
Code
Section 3540.l(g),such as superintendent, 	assistant superintendent, assistant business manager,
director of
personnel, director of pupil 	personnel 	services, psychologist, 	.
director of career education, coordinator of communications
	and
	research infor-
mation, 	principal, 	vice principal, 	director of physical education
and
	athletics,
supervisor of attendance
and
welfare, purchasing agent, data processing super-
visor,
	district
	head
operation
and
maintenance, 	school
	head
	operation
	and
maintenance, operation
	and
maintenan~e
employee-OWHS,
	head
custodian,
	head
	campus
supervisor,
	district
	head
	transportation, 	assistant
head
transportation,
	district
head
mechanic, 	cafeteria
manager, 	senior building inspector-consultant; 	allconfidential 	employees within the
meaning
of
Government
Code
Section 3540.l(c).