REPRESENTATION ISSUES; PROOF OF SUPPORT – In General; Requirements

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Under PERB Regulation 32781(e)(1), PERB lacks discretion to require proof of majority support among positions to be added to an established bargaining unit when the addition would increase the size of the unit by less than 10 percent. PERB does not follow NLRB case law requiring proof of support when a classification has been excluded from the unit for a significant period of time. Employees have the right to choose which employee organization, if any, will represent them but have no right to choose the bargaining unit in which their position is placed.