REPRESENTATION ISSUES; UNIT MODIFICATION – In General

Single Topic for Decision 0220E

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A recognition agreement clause preventing the parties from seeking to clarify or amend the unit did not preclude PERB from modifying the unit to include summer school and hourly employees. The petitioning union did not violate the agreement because it did not attempt to alter the unit, but filed a petition for recognition of the employees. PERB, exercising its statutory powers to determine appropriate units, treated the recognition request as a modification petition. Parties cannot contract away PERB's statutory jurisdiction; pp. 4-6. PERB's unit modification regulations do not require the holding of an election before a modification in the unit can be implemented. It is within PERB's discretion to decide under what circumstances it might consider an election appropriate. Passage of time does not by itself compel a new election; pp. 9-10. consider an election appropriate. Passage of time does not by itself compel a new election; pp. 9-10.