Decision A047E – Lemoore Union High School District

S-R-214

Decision Date: September 22, 1978

Decision Type: PERB Decision

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Perc Vol: 2
Perc Index: 2199

Decision Headnotes

1305.00000 – REPRESENTATION ISSUES; ORGANIZATIONAL SECURITY RESCISSION ELECTION
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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requires that petition for rescission of organizational security clause include language of the clause sought to be rescinded; to avoid confusion on what clause is being voted on, text of the submitted clause appears on each ballot; p. 5.

1305.00000 – REPRESENTATION ISSUES; ORGANIZATIONAL SECURITY RESCISSION ELECTION
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.

1305.00000 – REPRESENTATION ISSUES; ORGANIZATIONAL SECURITY RESCISSION ELECTION
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requires that petition for rescission of organizational security clause include language of the clause sought to be rescinded; to avoid confusion on what clause is being voted on, text of the submitted clause appears on each ballot; p. 5.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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.