REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION – Amended Certification, Petition for

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1300.00000 – REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION
1300.03000 – Amended Certification, Petition for

* * * OVERRULED IN PART by South County Community College District (1990) PERB Order No. Ad-215, where the Board held that a union has the right to limit voting on internal organizational changes to its members only.

Amended certification is denied where unit employees had neither notice of the change nor the opportunity to vote upon disaffiliation. Amendment of certification is appropriate where there is no change in the basic identity of the representative chosen by the employees and the change is one of form and not of substance. Amended certification will be granted where 1) the substitute entity is substantially the same with the same structure, officers, stewards and other representatives and 2) the substitution was procedurally valid, in conformance with the employee organization's internal rules and achieved through a democratic ratification.