REPRESENTATION ISSUES; DECERTIFICATION – In General; Filing Requirements

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So long as there is no contract bar in effect, EERA allows a decertification petitioner the right to: (a) augment the proof of support it filed in conjunction with a pending petition; or (b) file a new petition if its initial petition was withdrawn or dismissed for insufficient proof of support. (American Indian Model Schools (2018) PERB Order No. Ad-468, pp. 1-2 [where petitioner claimed PERB denied it the opportunity to cure its proof of support, issue was moot because petitioner simply filed a new petition to the same effect].) In Pittsburg Unified School District (1978) PERB Order No. Ad-49, the Board explained the governing principles. First, the Board noted that PERB Regulations are silent on curing proof of support for decertification petitions, because that opportunity ceases whenever a new contract bar takes effect, meaning PERB cannot issue a regulation guaranteeing a set period to cure in all cases. (Id. at p. 3.) In contrast, when there is no contract bar in effect (including for all petitions to represent unrepresented employees and for decertification and severance petitions when the contract bar has lapsed), then the opportunity to cure exists at the very least because the petitioner can file a new petition. (Id. at p. 4.) (p. 12.)