CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Administrative Appeals

Single Topic for Decision A502E

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Exclusive representative asked Board agent to certify an interlocutory appeal to the Board over whether the Board agent’s administrative determination (AD) erred in establishing a certain voter eligibility test for a decertification election. The unit consists of full-time (regular) faculty and part-time (temporary) faculty. Many part-time faculty work intermittently, meaning they work some terms but not others, or work for one term only. The AD concluded that faculty are eligible to vote if they worked during either the Fall 2022 or Spring 2023 terms. The exclusive representative filed an interlocutory appeal, arguing that this standard would enfranchise many part-time faculty who do not have a reasonable expectation of future employment. The Board agent certified the appeal to the Board pursuant to PERB Regulation 32200. The Board partially sustained the appeal, holding as follows. Regular faculty may vote if they are employed in the unit on the eligibility cutoff date and are still employed when they cast their ballots. Because the District’s part-time faculty are intermittent employees, they may vote if their work on behalf of the District includes serving in a unit position during two or more of the most recent six instructional terms, including at least one of the most recent three instructional terms. The Board overruled State of California (Department of Personnel Administration) and Association of Staff, Administrative and Financial Employees (1985) PERB Decision No. 532-S to the extent it can be read as requiring the Office of the General Counsel to apply the same eligibility standards at the proof of support stage and the election stage. (pp. 4-5, 14-15.)