San Francisco Unified School District (Brown, et al.) (PERB A142E)

STATE 	OF 	CALIFORNIA
DECISION 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
MAGGIE 	L. 	BROWN, 	ET 	AL.,
Petitioners,
and
UNITED 	PUBLIC 	EMPLOYEES, 	LOCAL
390/400, 	SERVICE 	EMPLOYEES
INTERNATIONAL 	UNION,
Exclusive 	Representative,
and
SAN 	FRANCISCO 	UNIFIED 	SCHOOL 	DISTRICT,
Employer.
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Case 	No. 	SF-D-114
(R-55 2C}
PERB 	Order 	No. 	Ad-142
August 	16, 	1984
Appearances: 	Van 	Bourg, 	Allen, 	Weinberg 	& 	Roger 	by
Vincent 	A. 	Harrington, 	Jr., 	Esq., 	representing 	United 	Public
Employees 	Local 	390/400; 	Robert 	C. 	Evans, 	Jr., 	Esq.,
representing 	Maggie 	L. 	Brown, 	et 	al.
Before 	Hesse, 	Chairperson; 	Tovar 	and 	Morgenstern, 	Members .
DECISION AND. ORDER
HESSE, 	Chairperson: 	United 	Public 	Employees, 	Local
390/400, 	Service 	Employees 	International 	Union 	(the 	Union),
appeals 	a 	determination 	by 	a 	Public 	Employment 	Relations 	Board
(PERB 	or 	Board) 	agent 	that 	temporary 	employees 	are 	not 	included
in 	the 	blue-collar 	unit 	represented 	by 	the 	Union, 	and 	that 	the
Memorandum of 	Understanding 	that 	expired 	October 	31, 	1983 	does
not 	bar 	the 	decertification 	petition 	filed 	by ·Maggie Brown 	and
others 	on 	September 	29, 	1983. 	Pending 	resolution 	of 	this
..

appeal, 	the
	Union
	has
	requested
	a
	stay
	of
	the
	decertification
election
	because
	the
	issues
	on
	appeal
	directly 	affect
	the
validity
	of
	the
	decertification
	election.
Because
	the 	question 	of
	whether
	or 	not 	the
	petitioning
employees
	met
	the 	required
	30
	percent
	showing
	of
	interest
required
	by
	PERB
	regulation
	32770(b)
	is 	directly
	affected
	by
whether
	the
	temporary
	employees
	are
	considered
	part
	of
	the
unit,
	we
	find
	it
	appropriate 	to
	stay
	any
	election
	until
	the
Board
	rules
	on
	the 	appeal
	filed
	by
	the
	Union.
The
	Board
	hereby
	ORDERS
	that
	the
	decertification 	election
requested	
by	
Maggie 	Brown
	et 	al.
	be
	STAYED
	pending 	our
determination 	of
	the 	appeal
	filed
	by
	the 	union.
Members
	Tovar
	and
	Morgenstern
	joined 	in
	this
	Decision.
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