REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION – In General

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Under the MMBA, a union seeking to exclusively represent an employee group constituting an appropriate unit may petition for an election. (Gov. Code, § 3507.1, subd. (a).) The union alternatively may require the employer to abide by the results of a “card check” in which a neutral third party determines if the union has collected sufficient proof of support from employees to demonstrate a majority within the unit, though this option is unavailable if another union already exclusively represents the unit or can demonstrate at least 30 percent support in the unit. (Id., subd. (c).) The statutory card check provision establishes an expedited method for certifying an exclusive representative for purposes of meeting and conferring over wages, hours and terms and conditions of employment. (Morongo Basin Transit Authority (2015) PERB Order No. Ad-430-M, p. 11.)