Compton Unified School District (PERB A385E)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
COMPTON UNIFIED SCHOOL DISTRICT,
Employer,
and
COMPTON UNIFIED SCHOOL DISTRICT
POLICE MANAGEMENT POLICE OFFICERS
ASSOCIATION,
Petitioner,
and
SERVICE EMPLOYEES INTERNATIONAL
UNION, LOCAL 99,
Exclusive Representative.
Case No. LA-SV-155-E
Administrative Appeai
PERB Order No. Ad-385
October 18, 2010
Appearance: Timothy Wilson, Agent, for Compton Unified School District Police
Management Police Officers Association.
Before Dowdin Calvillo, Chair; McKeag and Wesley, Members.
DECISION
McK.EAG, Member: 	This case comes before the Public Employment Relations Board
(Board) on appeal by the Compton Unified School District Police Management Police Officers
Association (Association) of a dismissal (attached) of its severance petition by a Board agent.
The severance petition sought to sever the police department supervisors from their current
bargaining unit represented by the Service Employees International Union, Local 99 and to
create a new six person unit of supervisors represented by the Association. The Board agent
dismissed the petition as untimely pursuant to section 3544. 7 of the Educational Employment
Relations Act (EERA). 1
1 EERA is codified at Government Code section 3540 et seq.

We have reviewed the entire record in this matter and find the dismissal
of
the petition
was well-reasoned, adequately supported by the record and in accordance with applicable law.
Accordingly, the Board hereby adopts the Board agent's dismissal
of
the petition as the
decision
of
the Board itself.
ORDER
The severance petition in Case No. LA-SV-155-E is hereby DISMISSED WITHOUT
LEA VE TO AMEND.
Chair Dowdin Calvillo and Member Wesley joined in this Decision.
2

ST A
TE OF CALIFORNIA
PUBLIC EMPLOYMENT RELATIONS BOARD
Los Angeles Regional Office
3530 Wilshire Blvd., Suite 1435
Los Angeles, CA 90010-2334
Telephone: (213) 736-2907
Fax: (213)736-4901
December 8, 2008
Timothy Wilson, Sergeant
Compton Unified School District
500
S.
Santa Fe Ave.
Compton, CA 90220
Jonathan Cohen, Attorney
Rothner, Segall & Greenstone
510 South Marengo A venue
Pasadena, CA 91101-3115
Dr. Kaye E. Burnside, Superintendent
Compton Unified School District
501 S. Santa Fe Ave.
Compton, CA 90221
Re: 	Compton Unified School District
Case No. LA-SV-155-E
DISMISSAL OF PETITION
Dear Interested Parties:
ARNOLD SCHW ARZE!'.'EGGER, Governor
On , the Public Employment Relations Board (PERB or Board) received a copy of a severance
request, pursuant to PERB Regulation 33700, 1 from the Police Management Police Officers
Association (Association) for a unit of Police Supervisors.
The parties were informed in the attached Order to Show Cause, dated October 21, 2008, that
severance requests, such as the petition filed in this case, may only be filed during the
appropriate "window period" or "the 29-day period established pursuant to Government Code
sections 3544.l(c) and 3544.7(b)(l) which is less than 120 days, but more than 90 days, prior
to the expiration of a lawful written agreement negotiated by the public employer and the
exclusive representative." (PERB Regulations 33020; 33700.) According to Service
Employees International Union, Local 99 (Local 99), the employees at issue in the
Association's petition are included in a unit of classified supervisors exclusively represented
by Local 99. Local 99 also asserts that it is party to a written agreement with the Compton
Unified School District (District) that expires by its own terms on June 30, 2009.
1 PERB' s Regulations are codified at California Code of Regulations, title 8, section
31001 et seq. Copies may be purchased from PERB's Publications Coordinator, 1031 18th
Street, Sacramento, CA 95811-4124, and the text is available at www.perb.ca.gov.

LA-SV-155-E
December 8, 2008
Page 2
For these reasons, the Association was given the opportunity to SHOW CAUSE as to why the
severance request should not be dismissed as falling outside the "window period" described in
PERB Regulations 33020 and 33700.
On December 1, 2008, I contacted Timothy Wilson, representative of the Association, to
determine whether he received the Order to Show Cause. He stated that he did not receive it
and PERB sent him a copy via facsimile that same day. On December 4, 2008, the Association
responded to the Order to Show Cause.2 In its response, the Association suggests that Local 99
has not negotiated effectively on behalf of Police Supervisors and contends that the
Association would be more effective. However, the Association does not establish either that
the request was filed during the "window period" described in PERB Regulations 33020 and
33700 or that the Association was not required to comply with these Regulations.
Accordingly, the Association does not demonstrate that the severance request was timely filed
and it is dismissed.
Right of Appeal
11, ~n appeal of this decision to the Board itself may be made within ten (10) calendar days
following the date of service of this decision. (Cal. Code Regs., tit. 8, sec. 32360.) To be
timely filed, the original and five (5) copies of any appeal must be filed with the Board itself at
the following address:
Public Employment Relations Board
Attention: Appeals Assistant
1031 18th Street, Suite 200
Sacramento, CA 95811-4124
(916) 322-8231
FAX: (916) 327-7960
A document is considered "filed" when actually received during a regular PERB business day.
(Cal. Code Regs., tit. 8, sec. 32135(a) and 32130; Gov. Code, sec. 11020(a).) A document is
also considered "filed" when received by facsimile transmission before the close of business
together with a Facsimile Transmission Cover Sheet which meets the requirements of
Regulation 32135(d), provided the filing party also places the original, together with the
required number of copies and proof of service, in the U.S. mail. (Cal. Code Regs., tit. 8, sec.
32135(b), (c) and (d); see also Cal. Code Regs., tit. 8, secs. 32090 and 32130.)
The appeal must state the specific issues of procedure, fact, law or rationale that are appealed
and must state the grounds for the appeal (Cal. Code Regs., tit. 8, sec. 32360(c)). An appeal
will not automatically prevent the Board from proceeding in this case. A party seeking a stay
2 The Association does not include a "proof of service" on Local 99 and the District, as
required by PERB Regulation 32140. For this reason, a copy of the Association's December 4,
2008 response is included with this letter.

LA-SV-155-E
December 8, 2008
Page 3
of
any activity may file such a request with its administrative appeal, and must include all
pertinent facts and justifications for the request (Cal. Code Regs., tit.
8,
sec. 32370).
If a timely appeal is filed, any other party may file with the Board an original and five (5)
copies
of
a response to the appeal within ten (10) calendar days following the date
of
service of
the appeal (Cal. Code Regs., tit. 8, sec. 32375).
Service
All documents authorized to be filed herein must also
be
"served" upon all parties to the
proceeding and on the regional office. A "proof
of
service" must accompany each copy
of
a
document served upon a party or filed with the Board itself (see CaL Code Regs., tit. 8, sec.
32140 for the required contents). The document will be considered properly "served" when
personally delivered or deposited in the mail or deposited with a delivery service and properly
addressed. A document may also be concurrently served via facsimile transmission on
a:11
parties to the proceeding. (Cal. Code Regs., tit. 8, sec. 32135(c).)
Extension
of
Time
A request for an extension
of
time in which to file an appeal or opposition to an appeal with the
Board itself must be in writing and filed with the Board at the previously noted address. A
request for an extension must be filed at least three calendar days before the expiration
of
the
time required for filing the document. The request must indicate good cause for and,
if
known,
the position
of
each other party regarding the extension, and shall be accompanied by
proof of
service
of
the
re~st
upon each party (Cal. Code Regs., tit. 8, sec. 32132). ·
Sincer~
E:P~Cb
Regional Attorney
EC
Enclosures