REPRESENTATION ISSUES; PROOF OF SUPPORT – In General; Requirements

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In City of Bellflower (2021) PERB Decision No. 2770-M, PERB noted that proof of support is a unique type of statement warranting confidentiality protection. (Id. at p. 22.) The e-mails at issue here, in which two employees belatedly attempted to revoke their proof of support, were not technically proof of support documents, and in most instances such documents should not be sent to the employer, as an employer’s possession of proof of support or related documents will often constitute at least as great (if not greater) a confidentiality breach as a competing union’s possession of the same. Parties did not raise question of whether the MMBA permits a local rule in which a union must submit its proof of support to the employer, which tends to create complications such as those at issue here. (See id. at p. 20, fn. 15 [noting issue remains unsettled in the absence of any challenge].)