American Indian Model Schools (PERB A468E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
AMERICAN INDIAN MODEL SCHOOLS,
Employer,
and
GROUP OF EMPLOYEES,
Petitioner,
and
TEACHERS OF AMERICAN INDIAN MODEL
SCHOOLS, CTA/NEA,
Exclusive Representative.
Case No. SF-DP-330-E
Administrative Appeal
PERB Order No. Ad-468
October 19, 2018
Appearances: Eric Dizon for Group of Employees; Josh Peralta for Teachers of American
Indian Model Schools, CTA/NEA; Fagen Friedman & Fulfrost, by James Ayden, Attorney, for
American Indian Model Schools.
Before Banks, Winslow, and Shiners, Members.
DECISION
BANKS, Member: This case is before the Public Employment Relations Board (PERB
or Board) on appeal of an administrative determination to dismiss a decertification petition
filed by a group of teachers (Petitioners) at American Indian Model Schools. The Office of the
General Counsel (OGC) dismissed the 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 appealed this determination on
June 15, 2018, contending that they were prepared to cure the defects in the proof of support
and requesting that we order an election.

________________________
In the meantime, Petitioners filed a new decertification petition, Case No. SF-DP-331-E,
and the OGC has ordered an election in that matter.1 Since an election is now scheduled,
Petitioners have already received the very relief they were seeking through this appeal: an
election. In view of these facts, we dismiss the appeal as moot. (See Fontana Unified School
District (1988) PERB Order No. Ad-169 [appeal dismissed as moot where intervening petition
seeking election was granted].)
ORDER
The decertification petition in Case No. SF-DP-330-E is hereby DISMISSED.
1 PERB may take administrative notice of matters included in its own files, including
materials from other cases. (County of Santa Clara (2015) PERB Decision No. 2431-M, p. 5,
fn. 5.)
2