Los Angeles Unified School District v. Public Employment Relations Board

The Los Angeles Unified School District (District) seeks extraordinary relief in the nature of administrative mandamus from Decision No. 424 of the Public Employment Relations Board (Board) deciding that the Supervisory Employees Union, Local 347, AFL-CIO (Local 347) and Los Angeles City and County School Employees Union, Local 99, AFL-CIO (Local 99), both affiliates of the Service Employees International Union (SEIU International), are not the “same employee organization” within the meaning of Government Code section 3545, subdivision (b)(2). 1 We *553 conclude that the two locals are the “same employee organization” for purposes of bargaining unit determination, and grant the petition.

Procedural History

Local 347 sought to represent all of the District’s classified supervisory employees. The District opposed recognition of Local 347 on the ground that such recognition would violate subdivision (b)(2) of section 3545, in that Local 99 presently represents units of rank-and-file employees who are supervised by members of the proposed unit, Local 347.

The representation hearing was bifurcated, and the sole issue before the hearing officer was whether Local 99 and Local…