REPRESENTATION ISSUES; DECERTIFICATION – In General; Filing Requirements

Single Topic for Decision 2771M

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The City reasonably concluded that the petition adequately described the unit sought to be decertified. The City reasonably construed the local rules to mean that a recognition petition covering unrepresented positions must specify all classifications at issue, but a petition to decertify and replace an incumbent union need only identify the unit at issue. Moreover, the petitioner exercised due diligence in attempting to determine the classifications in the petitioned-for unit, both by examining the City’s website and submitting a CPRA request. Given that an MMBA employer must interpret its local rules in a reasonable manner (City of Madera (2016) PERB Decision No. 2506-M, p. 5), local rules should not be interpreted so strictly that they become a minefield freezing the status quo in place until a petitioner runs a gauntlet of unreasonably difficult requirements.