REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION – Request for Recognition

Single Topic for Decision A514E

View all topics for Decision A514E

Full Decision Text (click on the link to view): Full Text

Under EERA, an employee organization may become the exclusive representative for the employees of an appropriate unit by filing a request with a public school employer alleging that a majority of the employees in an appropriate unit wish to be represented by such organization, providing proof of such support to PERB, and asking the public school employer to recognize it. (§ 3544, subds. (a), (b); PERB Reg. 33050, subds. (a)-(c).) If PERB determines that the petitioning organization submitted adequate proof of support, the public school employer must grant the request for recognition unless, as relevant here, it doubts the appropriateness of the petitioned-for unit (§ 3544.1, subd. (a); PERB Reg. 33190, subd. (d)(3)(A)), or another employee organization either files with the employer a challenge to the appropriateness of the unit or submits a competing claim of representation within 15 workdays of the posting of notice of the written request for recognition (§ 3544.1, subd. (b); PERB Regs. 33070, subd. (a), 33190, subd. (d)(3)(D)). Here, the Board concluded that OGC properly certified FTA as the exclusive representative of the petitioned-for unit because FTA properly filed its petition for recognition with Dailey alleging that a majority of the employees in an appropriate unit wish to be represented by FTA; FTA filed its petition with OGC and supplied it with sufficient proof of support; Dailey did not doubt the appropriateness of the proposed unit; and no employee organization properly intervened to seek to represent any of the employees in the petitioned-for unit. (pp. 7-8.)