Decision 0349E – Anaheim City SD, et al.
LA-AC-6-10; (LA-R-159-160, 199, 110, 94A)
Decision Date: September 30, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14263
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
PERB's jurisdiction over merger, amalgamation or transfer of jurisdiction of employee organizations discussed. No jurisdiction over affiliation of employee organization.
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
Legislature did not empower PERB to exercise regulatory authority over organizations' internal decisions which have no necessary bearing on rights or obligations established by the Act.
202.01000 – In General; Statutory Definition
Employee organization, as structured, is an employee organization within meaning of Act. Multi-employer bargaining unit not created by change in certification to new organization in place of five different local chapters.
202.02000 – Exclusive Representatives
Opportunity for nonmembers to participate in change of exclusive representative is fundamental in EERA scheme. Election which does not allow their participation will not be recognized by PERB.
202.03000 – Dissolution or Inactive Status; Successor Unions; Affiliation
Petition to merge local chapters not an affiliation but change in employee organization.
1300.01000 – In General
Petiton to merge local chapters is merger requiring PERB conducted election and requiring that nonmembers of the unit be allowed to vote on the question.
1300.03000 – Amended Certification, Petition for
Petition to transfer certification to deferent organization properly before PERB. PERB has exclusive jurisdiction to conduct election resulting in selection of exclusive representative.
1304.07000 – Standing to File
Employer has no standing to object to alleged misrepresentations to employees participating in union-conducted election.