REPRESENTATION ISSUES; JUDICIAL REVIEW, REPRESENTATION, DECISIONS – Procedural Issues
Single Topic for Decision A390M
Full Decision Text (click on the link to view): Full Text
1311.02000 – Procedural Issues
PERB has authority to conduct representation proceedings for parties subject to the MMBA in such cases where a public agency has not adopted local rules under which severance could be achieved without placing an undue burden on petitioner; Board dismissed a severance petition for lack of jurisdiction where notwithstanding fact that local rules did not provide for a “severance” proceeding, severance could be, and has been, achieved under local rules for establishing a recognized employee organization of an appropriate bargaining unit; under PERB procedures, severance and certification processes have similar requirements and purposes in that both processes are designed to allow an employee organization to become the recognized employee organization of an appropriate bargaining unit, and only difference is that the certification process is used to create a new bargaining unit of unrepresented employees whereas the severance process is used to create a bargaining unit of employees already members of an existing bargaining unit; where public agency’s local rules for establishing a recognized employee organization makes no distinction between whether the employees in the proposed unit are unrepresented or whether they are part of an existing barraging unit, local rule is one under which severance could be achieved and PERB has no jurisdiction to entertain the petition.