REPRESENTATION ISSUES; ELECTIONS – Blocking Charge

Single Topic for Decision A511E

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If an incumbent union fails to establish unfair practice alleged in blocking charge, and there are no pending allegations of unfair practices warranting a stay, the Board directed PERB’s Office of the General Counsel (OGC) to process decertification petition. If incumbent union establishes an unfair practice, in whole or in part, alleged in blocking charge, then the Board directed OGC to dismiss decertification petition if the proven conduct: (1) materially tainted solicitation of employee support or employees’ decision to sign the petition, such that there is a legitimate question whether the petition would have reached the requisite threshold absent unfair practices; (2) warrants retroactive extension of the certification bar based on incumbent union’s status as an emerging union negotiating for a first contract; or (3) has a continuing prospective tendency to harm employee free choice that PERB’s remedies are unlikely to fully address, even in conjunction with the passage of time and any other relevant factors. If none of these three circumstances are present, and there are no pending allegations of unfair practices warranting a stay, the Board directed OGC to process the decertification petition after PERB’s remedies are fully in place and enough time has elapsed such that fair proceedings can go forward. (p. 12.)