REPRESENTATION ISSUES; DECERTIFICATION – Bar To

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PERB Regulation 61380, subdivision (c), which applies to MMBA employers that have not adopted a reasonable local rule regarding decertification, permits a decertification petition any time after an MOU expires and before a successor MOU takes effect. However, Madera held the MMBA does not require local rules to permit a decertification petition immediately upon MOU expiration, provided that the rule allows a reasonable and equitable opportunity to file decertification petitions when no MOU is in effect. (City of Madera (2016) PERB Decision No. 2506-M, p. 9; cf. County of Ventura (2018) PERB Decision No. 2600, pp. 44-45 [employer’s local rule violates the MMBA if it establishes certain dates in a calendar year when a union can file a petition to represent unrepresented employees].)