Bissell

This appeal involves the application and interpretation of Government Code section 3540 et seq., the Educational Employment Relations Act (the act), and presents two questions: (1) does a labor organization have standing under the California Administrative Code to petition the Public Employment Relations Board (Board) to rescind an organizational security agreement, and (2) do an individual school employee and the same labor organization have the right to challenge a security agreement election?

The following undisputed facts constitute the prelude to this appeal.

Plaintiff Bissell, a certificated employee of the Oakland Unified School District (District), is a member of United Teachers of Oakland, Local 771, AFT, AFL-CIO (UTO) which is an employee organization described in Government Code section 3540.1, subdivision (d). The Board was legislatively created to administer the Educational Employment Relations Act which deals with relationships between public school employers, employees, and employee organizations. Oakland Education Association, CTA/NEA (Association) is an employee organization as defined in section 3540.1, subdivision (d), and was designated the exclusive…