Grossmont-Cuyamaca Community College District (PERB A378E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
GROSSMONT-CUY AMACA COMMUNITY
COLLEGE DISTRICT,
Employer,
and
GROSSMONT-CUY AMACA COMMUNITY
COLLEGE DISTRICT FACULTY
ASSOCIATION,
Petitioner,
and
UNITED FACULTY OF GROSSMONT-
CUYAMACA COMMUNITY COLLEGE
DISTRICT,
Exclusive Re resentative.
Case No. LA-DP-370-E
Request for Stay
PERB Order No. Ad-378
May 4, 2009
Appearance: Marianne Reynolds, CCA Staff Consultant, for Grossmont-Cuyamaca
Community College District Faculty Association.
Before McKeag, N euwald and Dowdin Calvillo, Members.
DECISION
McKEAG, Member: 	This case is before the Public Employment Relations Board
(PERB or Board) pursuant to an appeal filed by the Grossmont-Cuyamaca Community College
District Faculty Association (Association) regarding the dismissal by a Board agent of a
decertification petition. 	In its appeal, the Association requested that the election scheduled in
Case No. LA-DP-369-E be stayed, pending the Board's decision on the merits of the
Association's appeal.
On April 23, 2009, a decertification petition (LA-DP-370-E) filed by the Association
regarding the faculty unit at Grossmont-Cuyamaca Community College District (District) was

dismissed by a Board agent for lack of sufficient support for its petition. That same day, PERB
found that a decertification petition (LA-DP-369-M) filed by AFT Local 1931 (AFT) was
timely submitted and accompanied by sufficient proof of support.
On April 28, 2009, the Board agent conducted a conference call with the District, AFT,
and the incumbent exclusive representative (United Faculty) to schedule an election. The
parties agreed that the notices of election will be posted on May 5, 2009, ballots mailed on
May 13, and the ballots counted on June 12, 2009.
The Association appealed the dismissal of its petition in Case No. LA-DP-370-E and
has requested that the election scheduled in Case No. LA-DP-369-E be stayed, pending the
Board's decision on the merits of its appeal.
After careful review of this issue and consideration of the positions of the pariies, the
Board denies the Association's request for a stay of the election scheduled in Case
No. LA-DP-369-E. The Board further orders that the ballots cast in this election be impounded
pending the Board's decision on the merits of the Association's appeal in Case
No. LA-DP-370-E.
ORDER
The request by the Grossmont-Cuyamaca Community College District Faculty
Association (Association) to stay the representation election in Case No. LA-DP-369-E is
hereby DENIED. The Office of the General Counsel is ordered to proceed with the election in
accordance with PERB Regulations and thereafter impound the ballots pending the Board's
decision on the merits of the Association's appeal in Case No. LA-DP-370-E.
Members Neuwald and Dowdin Calvillo joined in this Decision.
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