Decision A468E – American Indian Model Schools
SF-DP-330-E
Decision Date: October 19, 2018
Decision Type: Administrative Appeal
Description: The Office of the General Counsel (OGC) dismissed a decertification petition after determining that it was not accompanied by sufficient proof of support, i.e., 30 percent of the employees in the unit, as required under PERB Regulation 32770, subdivision (b)(1). Petitioners, a group of employees, appealed this determination, contending that they were prepared to cure the defects in the proof of support and requesting that PERB order an election. After filing their appeal, Petitioners filed a new decertification petition. OGC processed that second petition and ordered an election. As such, the appeal became moot since there was no available additional relief.
Disposition: The Board affirmed the dismissal of the petition, concluding that the appeal was moot because an intervening petition seeking election was granted. (See Fontana Unified School District (1988) PERB Order No. Ad-169.)
Perc Vol: 43
Perc Index: 68
Decision Headnotes
1406.00000 – In General
An appeal seeking an election will be dismissed as moot where PERB’s Office of General Counsel grants an intervening petition seeking an election.