REPRESENTATION ISSUES; DECERTIFICATION – Stay of

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1302.00000 – REPRESENTATION ISSUES; DECERTIFICATION
1302.03000 – Stay of

When PERB stays representation proceedings pending resolution of unfair practice allegations that could impact employee free choice, PERB must determine at the close of unfair practice proceedings whether representation proceedings can resume. If the charging party fails to establish any unfair practice, representation proceedings can go forward. However, where the charging party prevails in its charge in whole or in part, PERB must assess whether the conduct found unlawful has a continuing tendency to harm employee free choice and, if so, whether PERB’s remedies, combined with the passage of time or other factors, are sufficient to remedy that tendency and permit fair representation proceedings to go forward. (Children of Promise Preparatory Academy (2018) PERB Order No. Ad-470. p. 6 & adopting administrative determination at p. 4.)