REPRESENTATION ISSUES; PROOF OF SUPPORT – In General; Requirements

Single Topic for Decision A402E

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EERA section 3544(b) and PERB Regulation 33075 grant PERB sole authority to determine the sufficiency of an employee organization’s proof of support. The process for determining proof of support is confidential. A party may challenge the proof of support on the basis that it was obtained by fraud or coercion, or that the signatures on support documents are not genuine, by filing with the Regional Office, within 20 days after the filing of the representation petition, declarations under penalty of perjury supporting such contentions. PERB will not consider declarations which are not timely filed, absent a showing of good cause for any delay. Proof of support is determined by PERB when a petition is filed and an employer provides a list of employees that comprise the petitioned-for unit. When a dispute arises thereafter as to the composition of the bargaining unit, PERB conducts an investigation to determine unit appropriateness. During this investigative process, which may or may not require an evidentiary hearing, the identity of individual employees within the unit may change over time as employees leave employment and are replaced. However, the initial determination regarding sufficiency of support for the recognition petition, once made, is determinative on the issue of majority support within the petitioned-for unit.