CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Interlocutory Appeal

Single Topic for Decision A047E

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Appeal of regional director's order of election for rescission of organizational security arrangement denied where petition for election was timely and accompanied by sufficient signatures; p. 1. PERB Regulation 34020(b)(5) requires that petition for rescission of organizational security clause include language of the clause sought to be rescinded; to avoid confusion on what clause is being voted on, text of the submitted clause appears on each ballot; p. 5. Pending superior court actions which could result in a finding that organizational security clause, which is the subject of a petition for a rescission election, is unenforceable, do not require PERB to cancel or delay rescission election, as to do so would be to render an advisory opinion that such a clause does not constitute an organizational security arrangement "in effect" under EERA 3546(b), as no judgment has yet been rendered by the court; p. 6. organizational security arrangement "in effect" under EERA 3546(b), as no judgment has yet been rendered by the court; p. 6.