REPRESENTATION ISSUES; DECERTIFICATION – In General; Filing Requirements

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When one union decertifies another and replaces it as a bargaining unit’s exclusive representative, the succeeding union is not contractually bound by its predecessor’s MOA absent an explicit agreement to be bound. (City of Long Beach (2021) PERB Decision No. 2771-M, p. 11, fn. 6.) Most terms of the predecessor MOA nonetheless constitute the status quo, meaning neither party can deviate from such terms before bargaining to a good faith impasse or agreement. (Ibid.) But statutory rights waivers are an exception; they are purely contractual and therefore normally do not form part of the status quo. (See San Bernardino County Superintendent of Schools (2024) PERB Decision No. 2934, pp. 26-27 (San Bernardino).) (p. 15, fn. 8.)