REPRESENTATION ISSUES; DECERTIFICATION – In General; Filing Requirements

Single Topic for Decision 2771M

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The City reasonably concluded that petitioner’s failure to include a statement required by the local rules that it would agree “to abide with any existing [MOU] covering [bargaining unit] employees” should it succeed in decertifying the incumbent bargaining representative was not required where the incumbent’s expired MOU was not an “existing” agreement for the purposes of the local rules. The City’s interpretation also avoided conflict between the local rules and precedent holding that a succeeding union is not contractually bound by an MOU its decertified predecessor executed, even if negotiations are required before implementing employment terms that deviate from the status quo. (Compton Community College District (1989) PERB Decision No. 728, adopting proposed decision at p. 69.)