Decision 0327S – State of California (Department of Personnel Administration)

S-D-62-S (S-SR-6)

Decision Date: July 14, 1983

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 7
Perc Index: 14200

Decision Headnotes

1306.00000 – REPRESENTATION ISSUES; PROOF OF SUPPORT
1306.03000 – Extension of Time

EERA policy in Pittsburg USD (1978) Ad-49, regarding no perfection time for filing proof of support, applies to Dills cases.

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

Regulations adopted by PERB for SEERA ostensibly approved by the Legislature when enacting Dills.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.07000 – Rulemaking Powers

Legislature gave rulemaking powers to PERB regarding matters of representation under Dills.

1301.00000 – REPRESENTATION ISSUES; CONTRACT BAR
1301.01000 – In General

Board will follow General Extrusion rule that contract will not bar an election if executed "prior to a substantial increase in personnel." No showing of substantial increase in this case.

1306.00000 – REPRESENTATION ISSUES; PROOF OF SUPPORT
1306.01000 – In General; Requirements

Proof of support must be completed when filed, during the window period. No period for perfection allowed.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.01000 – In General

EERA policy in Pittsburg USD (1978) Ad-49, regarding no perfection time for filing proof of support, applies to Dills cases.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

32770, 32776, 40130. Regional Director properly dismissed decertification petition finding inadequate proof of support and that additional proof of support filed after close of window period and therefore untimely.

1302.00000 – REPRESENTATION ISSUES; DECERTIFICATION
1302.01000 – In General; Filing Requirements

Proof of support must be complete when filed during window period.