Decision 0947E – Palomar Community College District

LA-R-980

Decision Date: July 14, 1992

Decision Type: PERB Decision

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Perc Vol: 16
Perc Index: 23111

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
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.

1304.00000 – REPRESENTATION ISSUES; OBJECTION TO ELECTIONS
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.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
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.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
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.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
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.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
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.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.