CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Single Topic for Decision 2531M

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In the absence of decertification, Charging Parties had no absolute right to a separate unit of professional employees when the exclusive representative of the existing mixed unit did not wish to split the unit into professional and non-professional units. PERB and controlling judicial authority have held that the right of professional employees to separate representation is not absolute, but must be harmonized with other provisions of the statute. (p. 14.)