All notes for Subtopic 1302.01000 – In General; Filing Requirements

DecisionDescriptionPERC Vol.PERC IndexDate
2583M Oak Valley Hospital District
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
The MMBA does not permit a local public agency to withdraw recognition from an exclusive representative without an employee vote. (MMBA section 3507, subd. (b).) (pp. 6-8) Therefore, a local rule allowing an employer to withdraw recognition without the vote of employees based solely on undefined “objective criteria” demonstrating the exclusive representative no longer enjoys majority support among the bargaining unit members is unreasonable and violates the MMBA. (p. 9) more or view all topics or full text.
435309/10/18
A464M San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * *
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
Under PERB Regulation 93005, which applies to Public Utilities Code transit districts, a petition through which an employee organization seeks to become the representative of an existing unit or of a smaller severed unit, is a petition for certification, not decertification, and is permitted. more or view all topics or full text.
4214905/15/18
A465M San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * *
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
Private sector law “shall apply” in deciding representation matters under the transit district acts (PERB Regulation 93080), though a transit district act takes precedence over federal law when there is a conflict. Under Crompton Company (1982) 260 NLRB 417, 418, a one-month CBA extension is not long enough to create a contract bar, because it is not long enough to create a new open window. Under Deluxe Metal Furniture Co. (1958) 121 NLRB 995, 999, fn 6, the contract bars applies only if both the contract ratification date and the contract’s effective date both precede the filing date of a petition to decertify or replace the incumbent union. more or view all topics or full text.
431106/12/18
2318M County of Amador
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
Where, as here, the local rule that purports to establish the timing for the filing of a decertification petition is directly contrary to the MMBA, PERB has no choice but to replace the illegal rule with its own regulation on that subject. When the provision of the employer’s employment relations policy (ERP) that conflicts with MMBA section 3507 is excised, leaving the ERP with no regulation establishing a certification bar as required by MMBA section 3507 and no rule dictating when decertification petitions can be filed, PERB may substitute its Regulation 61200, Bar to Conducting Election, which contains both the contract bar and certification bar doctrine, as well as a filing “window period” if there is an MOU in effect with a term of three years or less. more or view all topics or full text.
382307/12/13
A380E Grossmont-Cuyamaca Community College District
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
To challenge the dismissal of a decertification petition for lack of support, the charging party must allege sufficient facts to demonstrate the adequacy/inadequacy of the proof of support. Bare assertions of fact, standing alone, are insufficient to satisfy this burden of proof. more or view all topics or full text.
3311106/22/09

1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
There is no contract bar to decertification in the MMBA. more or view all topics or full text.
A295E Oakland Unified School District and California School Employees Association and Oakland Child Development Paraprofessional Association
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
Statement that group wishes to represent employees in the District as their "sole and exclusive collective bargaining representative for all matters relating to wages, hours and other terms and conditions of employment" is sufficient under PERB case law to establish the group as an employee organization; p. 2, admin. determination. more or view all topics or full text.
233013106/16/99
A280E Alum Rock Union Elementary School District
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
The Board is protective of employees' freedom to express their desires on union representation. However, this policy is restricted by the need for stability in employer-employee relations (Bassett USD, pp. 3-4); In EERA section 3544.7(b)(1), the Legislature balanced these competing interests by identifying a very specific period of time during which a decertification petition may be filed if there is a collective bargaining agreement in effect; accordingly, when PERB considers a decertification petition, it strictly enforces the window period since the window period provided by EERA section 3544.7(b) is "unequivocally defined;" p. 6. Where petitioner filed for one unit and outside window period corrected the petition to file for 2 units, second petition was untimely; pp. 6-7. untimely; pp. 6-7. more or view all topics or full text.
212802312/06/96
A261E Capistrano Unified School District
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
In developing its contract bar rules, the Board, like the NLRB, seeks a balance between the goal of fostering labor relations stability and the right of employees to freely choose their representative; p. 13. Where the parties have made ratification a condition precedent to the effectiveness of the contract and ratification occurs, that ratification activates a contract bar to the filing of a decertification petition, regardless of whether the agreement had been signed by the parties prior to ratification. By this rule, the Board does not alter its prior adoption of the signature requirement in cases where ratification is not a condition precedent to the effectiveness of a contract by express contractual provision; p. 14. more or view all topics or full text.
182514710/12/94
A221S State of California (Department of Personnel Administration) (California State Employees Association)
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
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
A169E Fontana Unified School District
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
As parties entered into a consent election agreement and an election was held, Board dismissed decertification petition as moot; p. 4. more or view all topics or full text.
121910606/20/88
A172E Oakland Unified School District
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
When decertification petition is filed, best method to protect rights of all parties and employees, regardless of the outcome of the ballot count, is for Board to stay the ballot count and then rule on the merits of the appeal; p. 3. Palo Alto USD/Jefferson Un.HSD (1979) PERB Decision No. 84, which establishes rule that only substitutes who worked at least 10% of the school year were eligible to vote, applies to representation elections including decertification elections; p. 7. more or view all topics or full text.
121912507/14/88
A164E Peralta Community College District
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
A decertification petition, which is properly filed in established unit and contains requisite proof of support, shall be given priority over a unit modification petition, so long as no formal determination on the merits of the unit modification petition have been made at the time the decertification petition is filed; p. 8. As record is insufficient to allow Board to make any determination of status of certain employees in decertification petition, Board remands issue to regional office; p. 11. As issue voted on by employees was identical to that which would have been presented by a decertification election alone, Board finds that employees were not misled or otherwise affected by the appearance on the ballot of the unit configuration question. Therefore, no new election ordered; pp. 10-11. election ordered; pp. 10-11. more or view all topics or full text.
111811006/18/87
A159E Coast Community College District
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
PERB has jurisdiction over an appeal of a dismissal of a decertification petition based on a determination that a showing of support is inadequate; p. 5. more or view all topics or full text.
101717410/15/86
A163E Santa Monica-Malibu Unified School District
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
Decertification petition timely filed despite failure to concurrently serve petition on other parties. Board excused failure to abide by concurrent service requirement of regulation 32140(b) based on actual notice to the other parties of a fraudulent filing of a false proof of service; pp. 2-3. more or view all topics or full text.
111808004/15/87
A157Ea Fontana Unified School District
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
Pursuant to remand from Court of Appeal, Board ordered the executive director to accept as timely filed, the Association's appeal of the Board agent's dismissal of its decertification petition; p. 2. more or view all topics or full text.
111818811/06/87
A131E Petaluma City Elementary and High School Districts
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
Failure to supply required number of timely dated signature cards within window period justifies dismissal of petition. Union's offer of declarations from employees that they signed the cards within one year is properly refused. Such evidence constitutes an attempt to submit essential material after the close of the filing period. Strict compliance with procedural rules is appropriate where the underlying matter is a nonlitigable administrative determination. more or view all topics or full text.
61316106/30/82
A094E Solano Community College District
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
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
A095E Marin County Office of Education
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
PERB Regulation 33240 requires an employee organization filing a decertification procedure to submit a sufficient showing of support; dismissal of decertification petition proper where employee organization failed to make such a showing; absent showing of intentional misconduct, incorrect information supplied to employee organization by employer, as to unit size, which allegedly resulted in inadequate showing of support, does not affect required show of support under 33240; p. 2. Neither EERA nor PERB regulations require employer to provide information as to the size of a unit to employee organization seeking decertification of an existing exclusive representative for that unit; p. 2. more or view all topics or full text.
41113007/10/80
A097E Downey Unified School District
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
Appeal of finding that decertification petition was timely filed and not barred denied where new contract between the employer and the exclusive representative had not been ratified so as to activate its provisions, as required by ground rules agreed to by the parties at the time of the filing of the decertification petition; p. 3. more or view all topics or full text.
41116109/10/80
A087E Antelope Valley Union High School District
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
Board denies appeal by incumbant exclusive representative of order directing decertification election; petitioner qualifies as an employee organization under EERA as it has shown: names of certain certificated employees in the existing unit who are dues-paying members in its organization, and its constitution does not, as alleged by the incumbant union, state that employee organizations will be constituent members of the petitioner; p. 2. more or view all topics or full text.
41107804/30/80
A069E Los Gatos Joint Union High School District (Blakiston)
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
The determination of the sufficiency of a decertification petition is, in the first instance, within the province of the regional director under Reg. 33240 and 33250. more or view all topics or full text.
31009307/06/79
A063E Bassett Unified School District
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
90 days prior to expiration of contract defined as 91 days starting with and including the day before expiration of the agreement. The Board will not extend the deadline. more or view all topics or full text.
31004603/23/79
A049E Pittsburg Unified School District
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
PERB Regulation 33030 requires signatures submitted as proof of support in representation matters must be dated; this section applies to decertification petitions; p. 6. Although no party questioned union's showing of support in decertification petition, verification of showing is solely within the Board's jurisdiction; Board dismissed petition on its own motion; p.7. more or view all topics or full text.
2221010/20/78
0595E Placentia Unified School District
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
No waiver from failure to assert right to bargain on an earlier occasion; no waiver by abandoning effort to codify in contract existing statutory rights. Evidence insufficient to show parties intended contract layoff provision to cover reductions, therefore no waiver. more or view all topics or full text.
101718111/04/86
0327S State of California (Department of Personnel Administration)
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
Proof of support must be complete when filed during window period. more or view all topics or full text.
71420007/14/83
0162E Inglewood Unified School District
1302.1000: REPRESENTATION ISSUES; DECERTIFICATION; In General; Filing Requirements
Decertification petition which included "temporary employees" in unit description did not define inappropriate unit. Original unit description included "long-term temporary employees." Omission of words "long-term" from unit description are not sufficient to invalidate petition. more or view all topics or full text.
51205605/12/81