PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES – NLRA/LMRDA Precedent

Single Topic for Decision A315E

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Based on fundamental differences between the NLRA and EERA, the Board declines to apply NLRB unit clarification precedent, which would bar the granting of a unit modification without an election, to PERB unit modification proceedings. Under the NLRA, only an election determines the union’s majority status, it cannot be determined through the NLRB’s administratively required showing of interest whereas under the EERA, the statute itself calls for representation petitions to be supported by majority support and PERB regulations specifically contemplate the Board’s discretion to conduct an election or grant a petition without an election.