Decision A084E – Oakland Unified School District

SF-OS-74

Decision Date: April 15, 1980

Decision Type: PERB Decision

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Perc Vol: 4
Perc Index: 11062

Decision Headnotes

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.03000 – Conclusiveness of Prior Determination by Federal Agencies, Other State Agencies or Courts

While entitled to considerable weight, opinion of attorney general, which held that disclosure of employees' addresses by employer is unlawful, is not law and is not controlling in the determination of the legality of PERB Regulation 32726 requiring disclosure of employees' home addresses on eligible voter list; p. 4.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.07000 – Rulemaking Powers

Issue of legality of PERB Regulation requiring employer to disclose employees' home addresses on voter eligibility list is not addressable on appeal of regional director's order to employer to provide such addresses; Board will not address legality of its own regulations; proper forum of repeal of regulation is Board's quasi-legislative rule-making process; p. 4.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.07000 – Voter Eligibility/Lists/Home Addresses

Regional director's order that employer provide employee list with home addresses is non-appealable under PERB Regulation 32380 unless employer can show order violated Regulation 32726, by demonstating that harm to the employees will result from such an order or the existence of some law precluding the release of employee addresses; pp. 3-4. Issue of legality of PERB Regulation requiring employer to disclose employees' home addresses on voter eligibility list is not addressable on appeal of regional director's order to employer to provide such addresses; Board will not address legality of its own regulations; proper forum for repeal of regulation is Board's quasi-legislative rule-making process; p. 4. Regional director is without discretion under PERB Regulation 32726 either as to the requirement that an employee list be produced or as Regional director is without discretion under PERB Regulation 32726 either as to the requirement that an employee list be produced or as

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.01000 – In General

While entitled to considerable weight, opinion of attorney general which held that disclosure of employees' addresses by employer is unlawful is not law and is not controlling in the determination of the legality of PERB Regulation 32726 requiring disclosure of employees' home addresses on eligible voter list; p. 4. Issue of legality of PERB Regulation requiring employer to disclose employees' home addresses on voter eligibility list is not addressable on appeal of regional director's order to employer to provide such addresses; Board will not address legality of its own regulations; proper forum for repeal of regulation is Board's quasi-legislative rule-making process; p. 4.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

32726, regional director's order that employer provide employee list with home addresses is non-appealable under PERB Regulation 32380 unless employer can show order violated Regulation 32726, by demonstrating that harm to the employees will result from such an order or the existence of some law precluding the release of employee addresses; pp. 3-4. 32726, regional director is without discretion under PERB Regulation 32726 either as to the requirement that an employee list be produced or as to the identity of the employees whose names and addresses are included on the list; p. 3. 32380 does not provide for appeal of an order of the regional director that an employee name/address list be provided to an employee organization under Regulation 32726, unless an employer alleges order violated Regulation 32726; pp. 3-4. organization under Regulation 32726, unless an employer alleges order violated Regulation 32726; pp. 3-4.