REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS – Decertification or Disestablishment of Labor Organization

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In Redwoods Community College District (1987) PERB Decision No. 650 (Redwoods), PERB followed federal law and found that disestablishment is the appropriate remedy if a school district dominated a nonexclusive representative, whereas a cease-and-desist order is sufficient if the school district provided the nonexclusive representative with unlawful support or interfered with its formation or administration. (Id., adopting proposed decision at p. 62.) The Board clarified one point in Redwoods, supra, PERB Decision No. 650, which noted in passing that disestablishment may be less disruptive if the dominated organization is a “young” one without “stronger historical ties to employees or the [employer].” (Id., adopting proposed decision at p. 66.) Contrary to that suggestion, the Board clarified that disestablishment and the attendant disruption does not become improper if the dominated organization is more established, with stronger ties. (pp. 55, 59-60.)