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

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Perc Vol: 7
Perc Index: 14263

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

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

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.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
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.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
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.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
202.03000 – Dissolution or Inactive Status; Successor Unions; Affiliation

Petition to merge local chapters not an affiliation but change in employee organization.

1300.00000 – REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION
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.

1300.00000 – REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION
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.

1304.00000 – REPRESENTATION ISSUES; OBJECTION TO ELECTIONS
1304.07000 – Standing to File

Employer has no standing to object to alleged misrepresentations to employees participating in union-conducted election.