Decision A320E – Robert L. Mueller Charter School
LA-RR-1079-E
Decision Date: March 5, 2003
Decision Type: Administrative Appeal
Description: MCSTA requested representation of all certificated employees at Mueller. Mueller objected that EERA conflicted with its charter and the Charter Schools Act and therefore, that any unit was inappropriate. The primary basis of conflict involved Mueller’s governing council, the majority of which was comprised of certificated employers who are selected annually.
Disposition: The Board ordered the election in a unit comprised of all certificated employees, finding the unit appropriate under Franklin- McKinley S.D. #108. The Board however did not determine the propriety of including certificated council members in the unit.
Perc Vol: 27
Perc Index: 46
Decision Headnotes
1303.01000 – In General
Normally the composition of the unit is determined before the election but here an immediate election is warranted because there is: (1) lack of dispute over the essential nature of the unit and (2) need to prevent further delay in exercising voting rights.
1309.13000 – Supervisors
Periodic rotation of bargaining unit members into supervisory and/or management positions does not deprive all unit members of their rights under EERA to be represented by a union when rotated out of the supervisory and/or management position.
1300.02000 – Request for Recognition
The appropriate procedure to amend a request for recognition is to file an amendment pursuant to PERB Regulation 33100, and not by phone conversation.
1309.01000 – In General/Definition of Appropriate Unit
Classroom teachers at a charter school comprise an appropriate unit consistent with the Board’s holding in Franklin-McKinley School District (1979) PERB Decision No. 108, even though some teachers may periodically be included in the school’s governing structure.
1503.03000 – Regulations Considered (By Number) (Continued)
Under EERA §3544.7(a) and PERB Reg. 33237(a), the Board agent must conduct an investigation but has discretion as to whether or not to conduct a hearing. She did not abuse her discretion because she provided each party with sufficient opportunity to articulate their positions and the Board agent’s administrative determination complied with the requirements of PERB Reg. 32350(b) by expressing the results of the factual investigation and legal analysis supporting her findings.