Decision A250E – Los Angeles Unified School District (Busdrivers Association/Service Employees International Union)
LA-S-115
Decision Date: November 22, 1993
Decision Type: Administrative Appeal
Perc Vol: 18
Perc Index: 25012
Decision Headnotes
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Failure to serve opposing parties required by Regulations 32140 and 32360(b) at the same time an appeal is filed does not require dismissal of the appeal where the deficiency was cured and neither opposing party showed prejudice due to late service.
1310.02000 – Change in Circumstances
The Sweetwater units are presumptively appropriate and a variant unit will not be granted unless it is more appropriate than the Sweetwater unit; pp. 5-6. The burden is on the petitioner to show that there has been a change of circumstances sufficient to justify a variation of an established unit; p. 6. Pursuant to Regulation 32786, the Board agent will use his discretion in deciding whether a hearing is necessary in addition to an investigation. Where there are no factual disputes to be resolved, there is no reason to conduct a hearing. Petitioner's failure to allege any change of circumstances is grounds for determining that no hearing is necessary; p. 7. Existing unit appropriate where petitioner failed to show a change in circumstances. Existing unit appropriate where petitioner failed to show a change in circumstances.
1310.04000 – Decertification and Unit Modification
The Sweetwater units are presumptively appropriate and a variant unit will not be granted unless it is more appropriate than the Sweetwater unit; pp. 5-6. The burden is on the petitioner to show that there has been a change of circumstances sufficient to justify a variation of an established unit; p. 6. Pursuant to Regulation 32786, the Board agent will use his discretion in deciding whether a hearing is necessary in addition to an investigation. Where there are no factual disputes to be resolved, there is no reason to conduct a hearing. Petitioner's failure to allege any change of circumstances is grounds for determining that no hearing is necessary; p. 7. Existing unit appropriate where petitioner failed to show a change in circumstances. Existing unit appropriate where petitioner failed to show a change in circumstances.
1503.03000 – Regulations Considered (By Number) (Continued)
Regulation 32786--the Board agent will use his discretion in deciding whether a hearing is necessary in addition to an investigation. Where there are no factual disputes to be resolved, there is no reason to conduct a hearing. Petitioner's failure to allege any change of circumstances is grounds for determining that no hearing is necessary; p. 7. Failure to serve opposing parties required by Regulations 32140 and 32360(b) at the same time an appeal is filed does not require dismissal of the appeal where the deficiency was cured and neither opposing party showed prejudice due to late service.