All notes for Subtopic 1300.01000 – In General
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2770M | City of Bellflower 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General Under six of California’s public sector labor relations statutes, employers are not permitted to adopt local rules regarding representation petitions, and parties must file such petitions with PERB. In contrast, the MMBA and two statutes governing trial court labor relations allow employers to establish local rules regarding representation petitions, and parties therefore may only file such petitions with PERB if directed to do so under the local rules or if there is no reasonable local rule that governs the petition in question. (Central Basin Municipal Water District (2021) PERB Order No. Ad-486-M, pp. 8-9.) more or view all topics or full text. | 45 | 119 | 06/08/21 |
| A491E | Alliance Morgan McKinzie High School et al. 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General PERB Regulation 33237, subdivision (a) governs the investigation of representation petitions and provides: “Whenever a petition regarding a representation matter is filed with the Board, the Board shall investigate and, where appropriate, conduct a hearing and/or a representation election or take such other action as deemed necessary to decide the questions raised by the petition.” Thus, there is “no guarantee or entitlement to an evidentiary hearing.” (Children of Promise Preparatory Academy (2013) PERB Order No. Ad-402, p. 16.) Rather, after completing an investigation, the Board agent may either “determine that sufficient evidence has been submitted to raise a material issue that necessitates an evidentiary hearing,” or “that no material issue of fact exists and thus that a hearing is unnecessary.” (Id. at p. 17.) (p. 13.) more or view all topics or full text. | 46 | 141 | 03/23/22 |
| 2771M | City of Long Beach 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General Under six of California’s public sector labor relations statutes, employers are not permitted to adopt local rules regarding representation petitions, and parties must file such petitions with PERB. In contrast, the MMBA and two statutes governing trial court labor relations allow employers to establish local rules regarding representation petitions, and parties therefore may only file such petitions with PERB if directed to do so under the local rules or if there is no reasonable local rule that governs the petition in question. (Central Basin Municipal Water District (2021) PERB Order No. Ad-486-M, pp. 8-9.) more or view all topics or full text. | 46 | 1 | 06/09/21 |
| A486M | Central Basin Municipal Water District 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General The MMBA grants local public agencies the authority to adopt reasonable rules concerning recognition of unions and specified other topics, “after consultation in good faith with representatives of a recognized employee organization or organizations.” (Gov. Code, § 3507, subd. (a).) However, if an agency has not adopted a reasonable local rule on a particular representation issue, PERB Regulations fill the gap. (Gov. Code, § 3509, subd. (a); Morongo Basin Transit Authority (2015) PERB Order No. Ad-430-M, p. 8; County of Siskiyou/Siskiyou County Superior Court (2010) PERB Decision No. 2113-M, p. 17.) more or view all topics or full text. | 45 | 88 | 03/24/21 |
| A486M | Central Basin Municipal Water District 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General Under the MMBA, a union seeking to exclusively represent an employee group constituting an appropriate unit may petition for an election. (Gov. Code, § 3507.1, subd. (a).) The union alternatively may require the employer to abide by the results of a “card check” in which a neutral third party determines if the union has collected sufficient proof of support from employees to demonstrate a majority within the unit, though this option is unavailable if another union already exclusively represents the unit or can demonstrate at least 30 percent support in the unit. (Id., subd. (c).) The statutory card check provision establishes an expedited method for certifying an exclusive representative for purposes of meeting and conferring over wages, hours and terms and conditions of employment. (Morongo Basin Transit Authority (2015) PERB Order No. Ad-430-M, p. 11.) more or view all topics or full text. | 45 | 88 | 03/24/21 |
| 2719E | Alliance Judy Ivie Burton Technology Academy High, et al. 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General The Board must process the petition for recognition that an employee organization actually filed and will generally make unit determinations based on the facts present on the date of filing of the petition. (Pages 27-28.) more or view all topics or full text. | 44 | 185 | 05/18/20 |
| 2600M | County of Ventura 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General Board ordered the County to process the Union’s certification petition and any future petition the Union may file with respect to Clinic employees, to provide reasonable lists of Clinic employees and associated information, and to cease and desist from enforcing a personnel rule limiting the timeframe that petitions may be filed by the Union. more or view all topics or full text. | 43 | 87 | 12/07/18 |
| A421M | City of Parlier 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General PERB does not have the authority to conduct representation proceedings under the MMBA unless a public agency has not adopted local rules that address that particular representation issue in accordance with MMBA section 3507. Where a city has adopted local rules that address petitions by employee organizations for recognition as exclusive representatives, or where a city specifically adopted a rule that permits the employee relations officer to designate which positions are confidential and establishes a definition of “confidential employee,” as it is specifically authorized to do by MMBA section 3507.5.6, there is no “gap” for PERB to fill with its own representation rules, and PERB lacks jurisdiction to consider such a petition. more or view all topics or full text. | 40 | 16 | 06/04/15 |
| A435H | Regents of the University of California 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General Under the elections bar doctrine, during the 12 months following certification after an election, no election may be held and no requests for recognition or interventions may be filed pursuant to HEERA section 3577, subdivision (b)(2), which requires the dismissal of such petitions; there is no “unusual or special circumstances” exception to the 12-month election bar even where there has been a disclaimer of interest. more or view all topics or full text. | 40 | 170 | 04/21/16 |
| A430M | Morongo Basin Transit Authority 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General There is no basis for treating petitions that oppose proof of majority support as revocations of employee authorizations when none of the employees whose signatures appear on the opposition petitions establish the requisite intent to revoke a previously-given authorization. Absent proof of fraud or coercion, MMBA or PERB regulations do not authorize revocations of authorizations for representation. Because there was no showing that parties mutually agreed to permit revocations, PERB rejected the opposition petitions and the employee declarations as valid revocations of previously signed authorization cards. more or view all topics or full text. | 40 | 97 | 12/14/15 |
| A383E | Communications Workers of America, AFL-CIO 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General Petition to recognize separate unit of substitute teachers is granted, where denial of petition would effectively preclude teachers from exercising their statutory bargaining rights. more or view all topics or full text. | 34 | 65 | 02/23/10 |
| 1816M | Antelope Valley Health Care District 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General An employee con revoke an authorization card or proof of support so long as the employee clearly demonstrates the desire NOT to be represented by the employee organization for the purposes of meeting and conferring on wages, hours and other terms and conditions of employment. “No Union” slips of paper signed by employees are not valid revocations. A revocation of an authorization card or other proof of support should meet the requirements in PERB Reg. 61020(a). MMBA 3507.1(c) requires a public agency to grant recognition to an employee organization based on cards that show a majority of the employees in an appropriate bargaining unit desire the representation, unless another labor organization has previously been lawfully recognized as representative of all or part of the same unit. In this case, the District unreasonably withheld recognition from SEIU. SMCS responsible under Government Code 3507.1(c) to verify petitioner’s majority status. In absence of SMCS decision, PERB will determine whether District unreasonably withheld recognition under 3507(c). more or view all topics or full text. | 30 | 60 | 02/10/06 |
| 1678E | Delano Joint Union High School District 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General Board affirmed that where a unit exists covering all classified employees, and a classified position is newly created, the newly created position is automatically placed in the classified unit. more or view all topics or full text. | 28 | 222 | 08/20/04 |
| 1622M | Westlands Water District 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General Union alleged that District violated local rules by allowing unit modification election to proceed within 12 months of an unsuccessful decertification election. Board rejected union’s argument that a contract bar existed; instead, Board found that local rule provided a 12-month bar only from the date of formal recognition. However, Board found that separate local rule provided a 12-month bar following the date of any recognition election. Thus, Board reversed dismissal and remanded case for issuance of complaint. more or view all topics or full text. | 28 | 144 | 04/22/04 |
| 1261H | Regents of the University of California and Association of Student Employees, United Automobile, Aerospace, and Agricultural Implement Workers of America, et al. 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General Questions of representation are inherently dynamic since job duties may fluctuate substantially over time. Thus representation matters are subject to periodic review, especially where no representation is in place to determine if circumstances have changed. Prior determinations are binding if circumstances and Board precedent remains the same. more or view all topics or full text. | 22 | 29084 | 04/23/98 |
| 1301H | The Regents of the University of California and Student Association of Graduate Employees, et al. 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General Questions of representation are inherently dynamic since job duties may fluctuate substantially over time. Thus, representation matters are subject to periodic review, especially where no representation is in place to determine if circumstances have changed. Prior determinations are binding if circumstances and Board precedent remains the same. more or view all topics or full text. | 23 | 30025 | 12/11/98 |
| A221S | State of California (Department of Personnel Administration) (California State Employees Association) 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General Unlike a certification or decertification election where PERB has a statutory duty to conduct the election, PERB is not required, by statute or PERB Regulations, to conduct an agency fee (or fair share) election; p. 10. more or view all topics or full text. | 15 | 22109 | 06/20/91 |
| 1188H | Regents of the University of California (University Professional and Technical Employees) 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General The duty to meet and confer attaches when PERB certifies the exclusive representative, not the date of the election; p. 19. more or view all topics or full text. | 21 | 28067 | 03/19/97 |
| 0956E | Summerville Elementary School District 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General It is the clear intent of the Legislature that there are only two methods, voluntary recognition or the certified election process, by which an employee organization may become an exclusive representative; p. 3, dismissal letter. more or view all topics or full text. | 16 | 23170 | 11/12/92 |
| 0863E | Service Employees International Union (Watts) 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General Government Code section 3547 does not prohibit a public school employer from allowing initial bargaining proposals from a union not recognized as exclusive representative; p. 2. Violations of recognition procedures do not fall within the purview of EERA's public notice provisions; p. 4, admin. determination. more or view all topics or full text. | 15 | 22020 | 12/28/90 |
| 0349E | Anaheim City School District, et al. 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General Petiton to merge local chapters is merger requiring PERB conducted election and requiring that nonmembers of the unit be allowed to vote on the question. more or view all topics or full text. | 7 | 14263 | 09/30/83 |
| 0012E | San Juan Unified School District 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General Not unfair practice for an employer to provide proof of support to an employee organization other than the petitioner. more or view all topics or full text. | 1 | 77 | 03/10/77 |
| 0071E | Rio Linda Union School District 1300.01000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; In General Employer precluded from granting voluntary recognition when another employee org. has intervened; p. 11. Voluntary recognition improperly granted where there was QCR and where unit appears to be inappropriate; p. 10. more or view all topics or full text. | 2 | 2198 | 09/18/78 |