North County Transit District (PERB A513P)

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.