Decision A172E – Oakland Unified School District
SF-D-169
Decision Date: July 14, 1988
Decision Type: Administrative Appeal
Perc Vol: 12
Perc Index: 19125
Decision Headnotes
1306.01000 – In General; Requirements
In interpreting PERB Regulation 32770(b) requiring 30% proof of support, Board holds that 30% showing must be based on the number of eligible voters, not the established unit; p. 6.
1503.02000 – Regulations Considered (By Number)
32770, in interpreting PERB Regulation 32770(b) requiring 30% proof of support, Board holds that 30% showing must be based on the number of eligible voters, not the established unit; p. 6.
1302.01000 – In General; Filing Requirements
When decertification petition is filed, best method to protect rights of all parties and employees, regardless of the outcome of the ballot count, is for Board to stay the ballot count and then rule on the merits of the appeal; p. 3. Palo Alto USD/Jefferson Un.HSD (1979) PERB Decision No. 84, which establishes rule that only substitutes who worked at least 10% of the school year were eligible to vote, applies to representation elections including decertification elections; p. 7.
1302.03000 – Stay of
When decertification petition is filed, best method to protect rights of all parties and employees, regardless of the outcome of the ballot count, is for Board to stay the ballot count and then rule on the merits of the appeal; p. 3.
1303.07000 – Voter Eligibility/Lists/Home Addresses
In fashioning an eligibility formula which will protect the voting rights of employees, the purposes of the EERA can best be achieved by limiting voter eligibility to substitutes who have worked more than 10% of the school year; p. 4. Palo Alto USD/Jefferson Un. HSD (1979) PERB Decision No. 84, which establishes rule that only substitutes who worked at least 10% of the school year were eligible to vote, applies to representation elections including decertification election; p. 7. Board reads Oakland USD (1983) PERB Decision No. 320 as defining who is in the unit, not who is eligible to vote. Voter eligibility is not addressed in Oakland USD, supra, but is governed by Palo Alto USD/ Jefferson Un. HSD (1979) PERB Decision No. 84; p. 5.
1309.01000 – In General/Definition of Appropriate Unit
Board reads Oakland U.S.D. (1983) PERB Decision No. 320 as defining who is in the unit, not who is eligible to vote. Voter eligibility is not addressed in Oakland U.S.D., but is governed by Palo Alto USD/ Jefferson UnHSD (1979) PERB Decision No. 84; p. 5.
1309.08000 – Classroom Teachers
Board reads Oakland U.S.D. (1983) PERB Decision No. 320 as defining who is in the unit, not who is eligible to vote. Voter eligibility is not addressed in Oakland U.S.D., supra, but is governed by Palo Alto U.S.D./Jefferson UnHSD (1979) PERB Decision No. 84; p. 5.