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

Single Topic for Decision 2904E

View all topics for Decision 2904E

Full Decision Text (click on the link to view): Full Text

In Antelope Valley Community College District (1979) PERB Decision No. 97 (Antelope), the ALJ may have partially misunderstood the meaning of disestablishment, believing it was impossible to issue such an order if the employee organization was not a party. (Id., attached proposed decision at p. 25.) Any such notion would be error, because it is possible to break the ties between two organizations by ordering one of them to break off ties. Indeed, both the Board and the ALJ in Antelope took steps toward doing so. (Id. at p. 27 & attached proposed decision at p. 25 [noting that disestablishment was “essentially accomplished” by ordering employer to cease dealing with dominated organization on matters within the scope of representation].) Here, where both the District and the Senate are parties, the Board ordered both parties to break off ties. (p. 62, fn. 15.)