Decision 0947E – Palomar Community College District
LA-R-980
Decision Date: July 14, 1992
Decision Type: PERB Decision
Perc Vol: 16
Perc Index: 23111
Decision Headnotes
1107.16000 – Disqualification or Bias of Board Agent
Board agent noted his relationship with union's counsel on the record in accord with PERB Regulation 32155. Board rejected district's claim of conflict of interest raised only after a decision was issued contrary to the district's position; p. 7.
1303.10000 – Intervention
Refusal to require posting of the notice of the amended unit did not prejudice either the employees or other employee organizations; p. 7.
1304.02000 – PERB Conduct
Refusal to require posting of the notice of the amended unit did not prejudice either the employees or other employee organizations; p. 7.
1303.01000 – In General
EERA grants broad authority to the Board to adopt regulations governing the conduct of representation elections. In implementing this authority the Board has adopted regulations which require the determination of an appropriate bargaining unit prior to ordering a representation election.
1303.05000 – Challenged Ballots
Election will not commence with a challenged ballot procedure prior to issuance of a final decision. PERB Regulations require that a final decision be issued before a representation election is conducted; p. 10.
1309.13000 – Supervisors
Dills Act test to establish supervisory status of proposed bargaining unit member, applied to EERA and Education Code sec. 87610.1(e) to determine supervisory status of community college department chairpersons; pp. 4-5; pp. 22-24, proposed dec.
1500.02000 – Education Code Sections Considered by PERB (By Number)
87610.1(e). Dills Act test to establish supervisory status of proposed bargaining unit member, applied to EERA and Ed. Code sec. 87610.1(e) to determine supervisory status of community college department chairpersons; pp. 4-5; pp. 22-24, proposed dec.
1500.03000 – Education Code Sections Considered by PERB (By Subject)
Supervisory status of community college department chairpersons established by application of Dills Act test to EERA provisions and Ed. Code sec. 87610.1(e); pp. 4-5; pp. 22-24, proposed dec.
1503.03000 – Regulations Considered (By Number) (Continued)
33100(c) provides discretion to a Board agent to decide whether to require posting of proposed unit amendments after notice of representation hearing has been issued. Refusal to require the posting did not prejudice either the employees or other employee organizations; pp. 6-7. 32155. Board agent noted his relationship with union's counsel on the record in accord with PERB Regulation 32155. Board rejected district's claim of conflict of interest raised only after a decision was issued contrary to the district's position; p. 7.