Decision A250E – Los Angeles Unified School District (Busdrivers Association/Service Employees International Union)

LA-S-115

Decision Date: November 22, 1993

Decision Type: PERB Decision

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Perc Vol: 18
Perc Index: 25012

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
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.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.