Decision A320E – Robert L. Mueller Charter School

LA-RR-1079-E

Decision Date: March 5, 2003

Decision Type: Administrative Appeal

View Full Text (PDF)

Perc Vol: 27
Perc Index: 46

Decision Headnotes

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
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.

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

1300.00000 – REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION
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.

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

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.