PERB Order No. A513P•North County Transit District (PERB A513P)
Full text
STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD NORTH COUNTY TRANSIT DISTRICT, Employer, and GROUP OF EMPLOYEES, Petitioner, and INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL AND TRANSPORTATION WORKERS, Exclusive Representative. SMCS Case No. 23-3-226 Case No. LA-DP-470-M1 Request for Stay PERB Order No. Ad-513-P April 4, 2024 Appearance: Luke Rebecchi, House Counsel, for International Association of Sheet Metal, Air, Rail and Transportation Workers. Before Banks, Chair; Krantz and Nazarian, Members. DECISION BANKS, Chair: This case is before the Public Employment Relations Board (PERB or Board) on administrative appeal by the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART) from an administrative determination of the State Mediation and Conciliation Service (SMCS) denying SMART’s motion to dismiss a Group of Employees’ decertification petition, and to 1 Due to technical constraints, this case was assigned a case number with the M suffix. However, the matter arises out of the Public Utilities Code and not the Meyers-Milias-Brown Act.
2 therefore proceed with processing the decertification petition. In its appeal, SMART requests that the Board stay SMCS’ administrative determination pursuant to PERB Regulation 32370.2 The Board has discretion to issue a stay and has done so when an “action or order would be rendered unnecessary should the Board reverse the Board agent’s ruling.” (City of Carson (2003) PERB Order No. Ad-323-M, p. 3.) Because further processing of the decertification petition in this matter would be unnecessary if the Board reverses the administrative determination, a stay of activity is appropriate pending the Board’s final decision on the matter. ORDER The request by the International Association of Sheet Metal, Air, Rail and Transportation Workers for a stay of the administrative determination in Case No. LA- DP-470-M is hereby GRANTED. No further proceedings shall occur except by further order of the Board. Members Krantz and Nazarian joined in this Decision. 2 PERB Regulations are codified at California Code of Regulations, title 8, section 31001 et seq.
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.