PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS – Dissolution or Inactive Status; Successor Unions; Affiliation
Single Topic for Decision 2113M
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202.03000 – Dissolution or Inactive Status; Successor Unions; Affiliation
PERB may amend an exclusive representative’s certification to reflect affiliation or disaffiliation only when: (1) there is “substantial continuity” of representation and identity between the pre- and post-disaffiliated union; and (2) the disaffiliation election was conducted with appropriate due process safeguards. If both criteria are not met, a question concerning representation exists that may only be resolved through the applicable election procedure. Petitioner employee organization failed to establish substantial continuity with pre-disaffiliation local because local under administratorship, not petitioning organization, continued to function as representative of bargaining unit members.