REPRESENTATION ISSUES; ORGANIZATIONAL SECURITY RESCISSION ELECTION – In General

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Well-established contract law gives PERB the right to proceed to conduct an agency fee election based on its contract with exclusive representative to conduct such an election; p. 10. Denying the employees the chance to vote in an agency fee election would violate the MOU and result in a violation of 3515 by requiring the employees to participate in union activities through use of the agency fee, in spite of the lack of authorization for such usuage after July 1, 1986 (pursuant to the MOU provisions); p. 10.