Decision A443E – Morgan Hill Unified School District
SF-UM-768-E
Decision Date: December 13, 2016
Decision Type: Administrative Appeal
Description: The Office of the General Counsel placed in abeyance a unit modification petition filed by the exclusive representative, pending the resolution of a decertification petition involving the same unit. The exclusive representative appealed and requested a stay of activity in the decertification case.
Disposition: The Board denied the appeal and the request for stay on the grounds that the Office of the General Counsel’s action was an interlocutory order, and therefore only appealable if the Board agent joined the appeal. Because the Board agent did not join the appeal, the matter was not appealable.
Perc Vol: 41
Perc Index: 107
Decision Headnotes
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
(A letter placing a unit modification petition in abeyance pending the outcome of a decertification petition is an interlocutory order, and therefore must be appealed pursuant to PERB Regulation 32380, not PERB Regulation 32350.)
1107.12000 – Interlocutory Appeal
(A letter placing a unit modification petition in abeyance pending the outcome of a decertification petition is an interlocutory order, and therefore must be appealed pursuant to PERB Regulation 32380, not PERB Regulation 32350.) (The Board will not entertain an appeal of an interlocutory order unless the Board agent joins in the request.)
1302.04000 – Bar To
(The only grounds on which decertification petitions may be dismissed prior to an election are those enumerated in PERB Regulations 32770 (30 percent proof of support) and 32776 (representation bar and contract bar).)