All notes for Subtopic 1300.02000 – Request for Recognition

DecisionDescriptionPERC Vol.PERC IndexDate
A430M Morongo Basin Transit Authority
1300.2000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Request for Recognition
MMBA employer may not refuse to recognize an employee organization that has shown majority support based on an asserted reasonable doubt that the employee organization has majority support. 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. Permitting a party to cure a defect such as a lack of signature on a document that has no particular timeline for filing does not evince bias. The regulatory scheme in representation cases favors the petitioner in the more substantive matter of perfecting its showing of support. PERB Regulation 61240, subd. (b) provides that if the initial proof of support is insufficient, the Board may allow up to 10 days to perfect the proof of support. If the Board may allow extra time to submit additional support, it cannot be said that the more innocuous act of informing a petitioner that the petition lacks a required signature evidences bias. more or view all topics or full text.
409712/14/15
2478M County of Orange
1300.2000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Request for Recognition
MMBA section 3507 leaves to the local public agency, not PERB, to establish rules regarding the recognition of employee organizations and the establishment of an exclusive representative of an appropriate bargaining unit, in accordance with MMBA provisions. more or view all topics or full text.
04/08/16
A383E Communications Workers of America, AFL-CIO
1300.2000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Request for Recognition
Petition to recognize separate unit of substitute teachers is granted, where denial of petition would effectively preclude teachers from exercising their statutory bargaining rights. While substitute teachers may be included within a broader unit of teachers, a unit composed solely of substitute teachers may also be appropriate. Even where the broader unit may well be appropriate had the matter been brought before PERB, it would not effectuate the purposes of the statute to force expansion of a unit upon an unwilling representative. Neither potential for increased costs arising out of having to negotiate with another representative nor claim that unit of substitute teachers is “transitory” justifies denial of recognition. more or view all topics or full text.
346502/23/10
1701E Options for Youth-Victor Valley, Inc.
1300.2000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Request for Recognition
The Board granted the Association’s request for recognition for the full-time certificated employees at OFY, a charter school. more or view all topics or full text.
29411/05/04
1688E Elk Grove Unified School District
1300.2000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Request for Recognition
New unit rejected and existing unit modified where the unit proposed shares a community of interest with the existing unit in areas of compensation, education, experience, training, working conditions, overlapping job functions, lines of supervision, hours of work, and more factors. more or view all topics or full text.
2825309/17/04
A320E Robert L. Mueller Charter School
1300.2000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Request for Recognition
The appropriate procedure to amend a request for recognition is to file an amendment pursuant to PERB Regulation 33100, and not by phone conversation. more or view all topics or full text.
274603/05/03
A216E San Jose-Evergreen Community College District
1300.2000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Request for Recognition
Employer has no authority to independently file a petition to raise the question of representation. more or view all topics or full text.
142120310/29/90
A092E Reef-Sunset Unified School District
1300.2000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Request for Recognition
Where no employee list submitted with request for recognition, Board granted appeal of dismissal of the request and remanded to regional director with instructions to request employee list from employer and take appropriate action; p. 2. PERB does not approve or dismiss requests for recognition; its role is to check a submitted employee list against the showing of support for compliance with EERA section 3544(b); p. 2. more or view all topics or full text.
05/20/80
A094E Solano Community College District
1300.2000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Request for Recognition
Appeal of dismissal of decertification petition denied where petition sought to carve out new unit from unit of all classified employees; petition should have been filed as a request for recognition pursuant to PERB Regulation 33050, dismissal letter. more or view all topics or full text.
41112907/11/80
A090E Cabrillo Community College District
1300.2000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Request for Recognition
Motion to dismiss a request for recognition made in the course of a representation hearing not appealable through the administrative appeal process described in PERB Regulation 32350; motion to dismiss should be ruled on by the hearing officer who should prepare proposed decision as required by PERB Regulation 32215; p. 2. more or view all topics or full text.
41108805/19/80
A023E Fairfield-Suisun Unified School District
1300.2000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Request for Recognition
The Board is without authority to dismiss requests for recognition. more or view all topics or full text.
2203712/30/77
0956E Summerville Elementary School District
1300.2000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Request for Recognition
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
0816E South Bay Union Elementary School District
1300.2000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Request for Recognition
The Board dismissed representation petition where requested wall-to- wall unit was found to be inappropriate; p. 13. more or view all topics or full text.
142112306/15/90
0993H Regents of the University of California (San Francisco Interns and Residents Association/California Association of Interns and Residents/Service Employees International Union)
1300.2000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Request for Recognition
While the doctrine of res judicata is not applicable and therefore does not bind the parties to the earlier holding, the Board previous unit determination decision is certainly persuasive and entitled to great weight; p. 8, proposed dec. Previous unit determinations are binding only to the extent that circumstances and Board precedent remain the same; p. 8, proposed dec. In order to rebut the presumption of a systemwide unit, the petitioner must demonstrate by a preponderance of the evidence that a systemwide unit is inconsistent with the statutory unit criteria or the purposes of the HEERA; p. 9, proposed dec. more or view all topics or full text.
172408604/27/93
0097E Antelope Valley Community College District
1300.2000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Request for Recognition
Where District had refused to voluntarily recognize the Association, the Association's "demand" to meet and negotiate pursuant to past practices was not designed to force the District to support the Association; pp. 25-26. Because of District's involvement with employee organization, it is barred from voluntarily recognizing any employee organization without first notifying PERB; pp. 27-28. more or view all topics or full text.
31009807/18/79
0011E Grossmont Union High School District
1300.2000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Request for Recognition
Section 3544.5(b) contemplates that an employer may refuse altogether to respond to a request for recognition. more or view all topics or full text.
16703/09/77