Decision A047E – Lemoore Union High School District
S-R-214
Decision Date: September 22, 1978
Decision Type: Administrative Appeal
Perc Vol: 2
Perc Index: 2199
Decision Headnotes
1305.03000 – Timeliness
Appeal of regional director's order of election for rescission of organizational security arrangement denied where petition for election was timely and accompanied by sufficient signatures; p. 1.
1503.02000 – Regulations Considered (By Number)
34020(b)(5) requires that petition for rescission of organizational security clause include language of the clause sought to be rescinded; to avoid confusion on what clause is being voted on, text of the submitted clause appears on each ballot; p. 5.
1305.02000 – Standing to File
Appeal of regional director's order of election for rescission of organizational security arrangement denied where petition for election was timely and accompanied by sufficient signatures; p. 1.
1305.01000 – In General
Appeal of regional director's order of election for rescission of organizational security arrangement denied where petition for election was timely and accompanied by sufficient signatures; p. 1. PERB Regulation 34020(b)(5) requires that petition for rescission of organizational security clause include language of the clause sought to be rescinded; to avoid confusion on what clause is being voted on, text of the submitted clause appears on each ballot; p. 5. Pending superior court actions which could result in a finding that organizational security clause, which is the subject of a petition for a rescission election, is unenforceable, do not require PERB to cancel or delay rescission election, as to do so would be to render an advisory opinion that such a clause does not constitute an organizational security arrangement "in effect" under EERA 3546(b), as no judgement has yet been rendered by the court; p. 6. organizational security arrangement "in effect" under EERA 3546(b), as no judgement has yet been rendered by the court; p. 6.
1107.17000 – Advisory Opinions
Pending superior court actions which could result in a finding that organizational security clause, which is the subject of a petition for a rescission election, is unenforceable, do not require PERB to cancel or delay rescission election, as to do so would be to render an advisory opinion that such a clause does not constitute an organizational security arrangement "in effect" under EERA 3546(b), as no judgment has yet been rendered by the court; p. 6.
1107.12000 – Interlocutory Appeal
Appeal of regional director's order of election for rescission of organizational security arrangement denied where petition for election was timely and accompanied by sufficient signatures; p. 1. PERB Regulation 34020(b)(5) requires that petition for rescission of organizational security clause include language of the clause sought to be rescinded; to avoid confusion on what clause is being voted on, text of the submitted clause appears on each ballot; p. 5. Pending superior court actions which could result in a finding that organizational security clause, which is the subject of a petition for a rescission election, is unenforceable, do not require PERB to cancel or delay rescission election, as to do so would be to render an advisory opinion that such a clause does not constitute an organizational security arrangement "in effect" under EERA 3546(b), as no judgment has yet been rendered by the court; p. 6. organizational security arrangement "in effect" under EERA 3546(b), as no judgment has yet been rendered by the court; p. 6.