Decision 0977E – Sierra Sands Unified School District
LA-CE-3140
Decision Date: February 23, 1993
Decision Type: PERB Decision
Perc Vol: 17
Perc Index: 24051
Decision Headnotes
202.01000 – In General; Statutory Definition
An employee organization for collective bargaining and representation purposes under the EERA has as one of its primary purposes, representation of its members in their relations with their employer; p. 3, pp. 8-9, proposed dec. The teacher group formed to oppose imposition of agency fees did not have as an organizational purpose an involvement of itself in the relationship between employees and the district. Its sole purpose was to affect the terms of the relationship between the employees and the union; pp. 9-10, proposed dec.
202.06000 – Nonexclusive Representatives
An employee organization for collective bargaining and representation purposes under the EERA has as one of its primary purposes representation of its members in their relations with their employer; p. 3, pp. 8-9, proposed dec. The teacher group formed to oppose imposition of agency fees did not have as an organizational purpose an involvement of itself in the relationship between employees and the district. Its sole purpose was to affect the terms of the relationship between the employees and the union; pp. 9-10, proposed dec.
400.01000 – In General; Standards
The district allowed distribution of non-school materials in teacher mailboxes. Once the district opened the forum for non-school related leaflets, it could not then ban employees from using the mailboxes to engage in protected conduct; pp. 11-12, proposed dec.
400.02000 – Right Not to Participate
The statutory right to refuse to participate in the activities of an employee organization includes within it a protected right to oppose the imposition of agency fees; p. 12, proposed dec.
404.03000 – Literature and Posting of Notices; Pictures; Anti-Union Petitions
The district allowed distribution of non-school materials in teacher mailboxes. Once the district opened the forum for non-school related leaflets, it could not then ban employees from using the mailboxes to engage in protected conduct; pp. 11-12, proposed dec.
1205.11000 – Setting Aside of Election
For election objections to be sustained, some effect on the election result must either be shown or logically inferred. There is no evidence here that would establish a probable or actual impact upon the election result; pp. 13-15, proposed dec. An election result will not be overturned where it is unlikely the outcome was affected by the unlawful conduct; p. 4.
1304.01000 – In General
For election objections to be sustained, some effect on the election result must either be shown or logically inferred. There is no evidence here that would establish a probable or actual impact upon the election result; pp. 13-15, proposed dec. An election result will not be overturned where it is unlikely the outcome was affected by the unlawful conduct; p. 4.
1304.06000 – Burden of Proof
For election objections to be sustained, some effect on the election result must either be shown or logically inferred. There is no evidence here that would establish a probable or actual impact upon the election result; pp. 13-15, proposed dec. An election result will not be overturned where it is unlikely the outcome was affected by the unlawful conduct; p. 4.