East Whittier City Elementary School District (PERB 1887E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
EAST WHITTIER CITY ELEMENTARY
SCHOOL DISTRICT,
Employer,
and
EAST WHITTIER ADMINISTRATORS
AND SUPERVISORS ASSOCIATION,
Petitioner.
Case Nos. LA-RR-1102-E
LA-RR-1103-E
PERB Decision No. 	1887
F e b r u a r y 	2 7 , 	2007
Appearance: 	Eric Bathen, Attorney, for East Whittier City Elementary School District.
Before Duncan, Chairman; McKeag and Neuwald, Members.
DECISION
NEUWALD, Member: 	This case is before the Public Employment Relations Board
(PERB or Board) on exceptions filed by the East Whittier City Elementary School District
(District) to a Board agent's proposed decision. The Board agent ruled that under the
Educational Employment Relations Act (EERA)1 and PERB Regulation 330502 the following
units are appropriate for meeting and negotiating with the District; a Classified Supervisory
Unit consisting of the Director of Food Services; Director of Maintenance, Operations and
Facilities; Assistant Manager of Personnel Services; Assistant Manager of Operations; Data
Processing Supervisor; Maintenance Supervisor; and Food Services Supervisor; a Certificated
Supervisory Unit consisting of the Director of Special Education; Coordinator II-Categorical
1EERA is codified at Government Code section 3450, et seq.
2PERB regulations are codified at California Code of Regulations, title 8,
section 31001, et seq.

Programs and Technology ; Principals; and Assistant Principals. With this ruling, on
November 22, 2005, recognition was granted to the East Whittier Administrators and
Supervisors Association (Association) in the Classified Supervisory Unit and the Certificated
Supervisory Unit.
The parties in a stipulation dated February 15, 2007, agree to the following: The
Association "hereby withdraw[s] their request for recognition as exclusive bargaining
representatives for both the classified and certificated units, based on a vote of the members of
each unit." The District "hereby withdraws its exceptions to the proposed decision." The
parties request that PERB order the Board agent's proposed decision "be vacated."
Having reviewed the record in this matter, the Board finds the withdrawal to be in the
best interest of the parties and to be consistent with the purpose of EERA. Accordingly, the
Board grants this request.
ORDER
It is hereby ORDERED that the Board agent's proposed decision in Case
Nos. LA-RR-1102-E and LA-RR-1103-E is VACATED. The requests by the parties to
withdraw: 	(1) recognition to the East Whittier Administrators and Supervisors Association as
the exclusive bargaining representatives for both the Classified Supervisory Unit and the
Certificated Supervisory Unit; and (2) the District's exceptions to the proposed decision are
hereby GRANTED. The appeal is, therefore, DISMISSED WITH PREJUDICE.
Chairman Duncan and Member McKeag joined in this Decision.
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