All notes for Subtopic 1300.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2719E Alliance Judy Ivie Burton Technology Academy High, et al.
1300.1000: 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.
05/18/20
2600M County of Ventura
1300.1000: 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.
438712/07/18
A421M City of Parlier
1300.1000: 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.
401606/04/15
A435H Regents of the University of California
1300.1000: 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.
4017004/21/16
A430M Morongo Basin Transit Authority
1300.1000: 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.
409712/14/15
A383E Communications Workers of America, AFL-CIO
1300.1000: 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.
346502/23/10
1816M Antelope Valley Health Care District
1300.1000: 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.
306002/10/06
1678E Delano Joint Union High School District
1300.1000: 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.
2822208/20/04
1622M Westlands Water District
1300.1000: 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.
2814404/22/04
1261H Regents of the University of California and Association of Student Employees, United Automobile, Aerospace, and Agricultural Implement Workers of America, et al.
1300.1000: 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.
222908404/23/98
1301H The Regents of the University of California and Student Association of Graduate Employees, et al.
1300.1000: 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.
233002512/11/98
A221S State of California (Department of Personnel Administration) (California State Employees Association)
1300.1000: 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.
152210906/20/91
1188H Regents of the University of California (University Professional and Technical Employees)
1300.1000: 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.
212806703/19/97
0956E Summerville Elementary School District
1300.1000: 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.
162317011/12/92
0863E Service Employees International Union (Watts)
1300.1000: 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.
152202012/28/90
0349E Anaheim City School District, et al.
1300.1000: 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.
71426309/30/83
0012E San Juan Unified School District
1300.1000: 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.
17703/10/77
0071E Rio Linda Union School District
1300.1000: 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.
2219809/18/78