REPRESENTATION ISSUES; DECERTIFICATION – Stay of

Single Topic for Decision A511E

View all topics for Decision A511E

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

Blocking charge alleging that petitioner’s representative was an agent of the employer was a valid basis for a stay. In the current procedural posture, PERB must assume incumbent union will prove the complaint’s allegations—the same assumption PERB’s Office of the General Counsel was required to make in deciding on the stay request. (Gompers Preparatory Academy (2020) PERB Order No. Ad-481, p. 4.) Second, PERB’s inquiry on appeal is whether OGC abused its discretion. (Ibid.) Third, PERB recognizes a lower bar for a stay during first contract negotiations. Moreover, the complaint’s multiple claims may establish a tendency to influence employee free choice. (Id. at pp. 5-7.) (p. 9.)