All notes for Subtopic 1300.03000 – Amended Certification, Petition for

DecisionDescriptionPERC Vol.PERC IndexDate
2113M County of Siskiyou/Siskiyou County Superior Court
1300.3000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Amended Certification, Petition for
PERB may amend an exclusive representative’s certification to reflect affiliation or disaffiliation only when: (1) there is “substantial continuity” of representation and identity between the pre- and post-disaffiliated union; and (2) the disaffiliation election was conducted with appropriate due process safeguards. If both criteria are not met, a question concerning representation exists that may only be resolved through the applicable election procedure. Petitioner employee organization failed to establish substantial continuity with pre-disaffiliation local because local under administratorship, not petitioning organization, continued to function as representative of bargaining unit members. Question concerning representation existed that could only be resolved through local agency’s decertification procedures. more or view all topics or full text.
349506/07/10
A215E South County Community College District . . . See Ad-130
1300.3000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Amended Certification, Petition for
An amendment of certification is appropriate to reflect an affiliation or disaffiliation where there is no charge in the basic identity of the representative chosen by the employees. Such changes in certification are not appropriate where, as a result of that change, a question concerning representation is created. more or view all topics or full text.
142120210/26/90
A216E San Jose-Evergreen Community College District
1300.3000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Amended Certification, Petition for
An amendment of certification is appropriate to reflect an affiliation or disaffiliation where there is no change in the basic identity of the representative chosen by the employees; p. 8, P.D. Such changes in certification are not appropriate where, as a result of that change, a question concerning representation is created; p. 8, P.D. The effective date of disaffiliation is the date of the union's decision to disaffiliate; p. 14. Disaffiliation where there is no QCR becomes effective as of the date of decision to disaffiliate. more or view all topics or full text.
142120310/29/90
A127E Poway Unified School District
1300.3000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Amended Certification, Petition for
An amendment of certification purporting to affiliate an exclusive representative with the American Federation of Teachers while retaining its affiliation with the California Teachers Association cannot be granted. CTA bylaws preclude mergers by local affiliates with other organizations. PERB has no power to compel an unwilling state or national organization to accept the affiliation of a local exclusive representative through the amendment of certification. more or view all topics or full text.
61310804/30/82
A130E Ventura Community College District . . . . See Ad-215
1300.3000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Amended Certification, Petition for
Amended certification is denied where unit employees had neither notice of the change nor the opportunity to vote upon disaffiliation. Amendment of certification is appropriate where there is no change in the basic identity of the representative chosen by the employees and the change is one of form and not of substance. Amended certification will be granted where 1) the substitute entity is substantially the same with the same structure, officers, stewards and other representatives and 2) the substitution was procedurally valid, in conformance with the employee organization's internal rules and achieved through a democratic ratification. more or view all topics or full text.
61315506/30/82
0349E Anaheim City School District, et al.
1300.3000: REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION; Amended Certification, Petition for
Petition to transfer certification to deferent organization properly before PERB. PERB has exclusive jurisdiction to conduct election resulting in selection of exclusive representative. more or view all topics or full text.
71426309/30/83