REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION – Certification Bar

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Because it is particularly difficult to restore a newly recognized or certified union’s standing with its members after early unlawful conduct (see, e.g., Gompers Preparatory Academy (2020) PERB Order No. Ad-481, pp. 5-7; Small v. Avanti Health Systems, LLC (9th Cir. 2011) 661 F.3d 1180, 1191-1193), absent unusual circumstances it is proper to extend the recognition bar or certification bar and dismiss the petition altogether based on proven unfair practices during first contract negotiations. (pp. 10-11, fn. 11.)