REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION – Request for Recognition

Single Topic for Decision A530H

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HEERA section 3574 states that the employer “shall” grant recognition absent any of the circumstances set forth in section 3574(a), (b), (c), or (d). Under section 3574(b), the employer shall not grant recognition if another union challenges the appropriateness of the unit or submits a competing claim of representation together with proof of support from at least 30 percent of the proposed unit. PERB Regulation 51090(a) provides that if an employer denies a request for recognition, and the requesting union wishes to continue pursuing recognition, the union must file a petition for Board investigation. After a union has filed a petition for Board investigation, the Board shall certify the petitioner as the exclusive representative if the Board determines: (1) the employee organization requesting recognition has demonstrated proof of support of more than 50 percent of the employees in an appropriate unit, (2) no other employee organization has demonstrated proof of support of at least 30 percent of the employees, and (3) the employer has not granted recognition. (PERB Reg. 51096.) (pp. 7-8.)