Decision A172E – Oakland Unified School District

SF-D-169

Decision Date: July 14, 1988

Decision Type: PERB Decision

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Perc Vol: 12
Perc Index: 19125

Decision Headnotes

1306.00000 – REPRESENTATION ISSUES; PROOF OF SUPPORT
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.

1302.00000 – REPRESENTATION ISSUES; DECERTIFICATION
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.

1302.00000 – REPRESENTATION ISSUES; DECERTIFICATION
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.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
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.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
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.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
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.