REPRESENTATION ISSUES; PROOF OF SUPPORT – In General; Requirements

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All California labor relations statutes require confidentiality for proof of support documents, and an employer may not apply its local rules in a contrary manner. Given that relevant protected rights are substantially the same under the MMBA and under EERA, which explicitly provides that proof of support documents are confidential (EERA, § 3544, subd. (b)), there is no plausible basis for the Legislature to believe that in one instance proof of support may be shared with a competing union while in the other instance such sharing is impermissible. The absence of confidentiality language in seven of the nine statutes PERB enforces is incidental, meaning that confidentiality is required as it is necessary to protect other rights in the statute.