Decision A513P – North County Transit District
SMCS 23-3-226 (LA-DP-470-M)
Decision Date: April 4, 2024
Decision Type: Administrative Appeal
Description: On appeal from State Mediation and Conciliation Service’s (SMCS) administrative determination to proceed with a decertification election, the exclusive representative Sheet Metal, Air, Rail and Transportation Workers (SMART) requested a stay of activity pursuant to PERB Regulation 32370.
Disposition: The Board found that it had discretion to issue a stay, and because further processing of the decertification petition would be unnecessary if it reverses the administrative determination, granted the request.
Decision Headnotes
1107.20000 – Other
Under PERB Regulation 32730, the Board has discretion to issue a stay of activity. It is appropriate to issue a stay where further action would be rendered unnecessary if the Board reverses a Board agent’s ruling.
1107.21000 – Administrative Appeals
Under PERB Regulation 32730, the Board has discretion to issue a stay of activity. It is appropriate to issue a stay where further action would be rendered unnecessary if the Board reverses a Board agent’s ruling.