Pasadena Area Community College District (PERB A179E)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD Her
PASADENA COMMUNITY 	COLLEGE 	FACULTY
ASSOCIATION,
Employee Organization,
Petitioner,
v.
PASADENA AREA COMMUNITY COLLEGE
DISTRICT,
Employer.
)
)
)
) 	Case No. 	LA-D-231
Administrative Appeal
PERB Order No. 	Ad-179
December 29, 	1983
)
)
)
)
)
)
)
)
Appearance; 	Margaret Bennett, 	Ph.D. 	for Pasadena Community
College 	Faculty Association.
Before Hesse, 	Chairperson; 	Craib and Porter, 	Members.
DECISION AND 	ORDER
CRAIB, 	Member: 	This 	case is before the Public 	Employment
Relations 	Board 	(PERB or Board) 	on an appeal 	by the 	Pasadena
Community College 	Faculty Association 	(Association). 	The
Association appeals 	the 	Board agent's 	dismissal 	of 	its
decertification petition. 	The 	Board 	agent 	dismissed 	the 	petition
due 	to an inadequate 	showing of 	support. 	(See 	the 	Educational
Employment Relations Act, 	sec. 	3544.5, 	subd, 	(d)1; 	and PERB
The 	Educational 	Employment 	Relations 	Act 	is 	codified 	at
Government Code 	section 	3 540 	et 	seq. 	All 	statutory references
are 	to the Government Code, 	unless 	otherwise 	specified. 	Section
3544.5, 	subdivision 	(d) 	provides in pertinent part:
A petition may be 	filed with the 	board, 	in
accordance with 	its 	rules 	and regulations,
requesting 	it 	to 	investigate 	and decide 	the
question 	of whether 	employees 	have 	selected
. 	. 	. 	an exclusive representative . 	. 	. b y :
______ )

Regulation 32770, 	subd. 	(b)(2).)2 The Association contends that
it was 	unable 	to 	collect 	the 	requisite 	showing of 	support due 	to
alleged 	unfair 	labor practices 	by 	the 	Pasadena Area 	Community
College 	District 	(District) 	and the 	California 	Teachers
Association 	(CTA).
(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 evidence 	of 	support 	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 	this 	section 	and
shall 	report 	to 	the 	employee 	organizations
seeking recognition 	and 	to 	the 	public 	school
employer as 	to 	the 	adequacy of 	the 	evidence
of support.
Our review of 	the 	record 	indicates 	that 	the 	Board 	agent
correctly determined 	that 	the 	petition 	should 	be 	dismissed 	for 	an
2PERB 	Regulations 	are 	codified 	in California Administrative
Code, 	title 8, 	section 31001 et seq. 	Regulation No. 	32770,
subdivision 	(b)(2) 	provides, 	in pertinent part, 	that:
(b) [t]he petition
an 	election 	to
decertify 	an 	existing 	exclusive
representative] 	shall 	be 	accompanied by proof
that 	at 	least 	30 	percent of the 	employees 	in
the established unit . . .
(2) 	Wish to be represented by another
employee 	organization.
2
•
2

inadequate 	showing of 	support.3 We, 	therefore, 	affirm the 	Board
agent's 	determination 	and 	DISMISS 	THE 	PETITION WITH 	PREJUDICE.
Chairperson 	Hesse 	and Member 	Porter 	joined 	in 	this 	Decision.
The 	Association's 	claim 	that 	it was 	prevented 	from 	securing
adequate 	support due 	to 	the 	District's 	and CTA's 	unfair practices
need not be addressed. 	The 	Board's records, 	of which we 	take
official 	notice, 	reveal 	that on the 	same day that the 	appeal was
filed, 	the Association also 	filed unfair practice 	charges 	against
the 	District 	and CTA, 	alleging 	the 	same 	conduct 	alleged 	in 	this
appeal. 	Those 	charges 	have 	been withdrawn with prejudice 	by 	the
Association.
w3