All notes for Subtopic 1305.01000 – In General
|Decision||Description||PERC Vol.||PERC Index||Date|
City of Fremont|
1305.1000: REPRESENTATION ISSUES; ORGANIZATIONAL SECURITY RESCISSION ELECTION; In GeneralIn the absence of local rules, agency fee rescission petitions under the MMBA are governed by section 3502.5(d) and PERB Regulations 61000 and 61600 et seq. Once the Office of the General Counsel has conducted its investigation of threshold issues concerning a rescission election and issued an administrative decision containing a statement of issues, fact, law and rationale, such decision may be appealed to the Board itself under PERB Regulation 32360, pursuant to PERB Regulation 61060. Under PERB Regulation 32370, which provides, in pertinent part, that “[t]he Board may stay the matter, except as is otherwise provided in these regulations,” the question of whether a rescission election should be stayed is “otherwise provided in these regulations,” i.e., by PERB Regulation 61190, under which the issue whether to stay a rescission election should be investigated and decided by the Office of the General Counsel. A request for the Board itself to decide a stay of a rescission election is premature when the Office of the General Counsel has yet to investigate whether the election should be blocked pursuant to PERB Regulation 61190, as well as whether the petition was timely filed, both of which determinations may be appealed to the Board under PERB Regulation 32360. An interlocutory order, governed by PERB Regulation 32200, contemplates an appeal from a board agent ruling made in the course of a hearing, not a letter by the Office of the General Counsel determining the sufficiency of the proof of employee support for a rescission election and ordering that such an election to be conducted. PERB treats Board agents’ determinations regarding rescission elections as administrative decisions under PERB Regulation 32350, and therefore subject to appeal under PERB Regulation 32360. more or view all topics or full text.
1305.1000: REPRESENTATION ISSUES; ORGANIZATIONAL SECURITY RESCISSION ELECTION; In GeneralMMBA §3502.5 permits one rescission election per MOU term. The MOU between the parties provided for one agency shop election per MOU term. Where an agency shop was created by election during the term of the MOU, a rescission election would not be a second agency shop election within the meaning of the MOU. Therefore one rescission election was also permitted during the term if the MOU. A rescission election is permitted by the MMBA regardless of whether the agency shop had been created by negotiation or election. more or view all topics or full text.
State of California (Department of Personnel Administration) (Communications Workers of America)|
1305.1000: REPRESENTATION ISSUES; ORGANIZATIONAL SECURITY RESCISSION ELECTION; In GeneralWell-established contract law gives PERB the right to proceed to conduct an agency fee election based on its contract with exclusive representative to conduct such an election; p. 10. Denying the employees the chance to vote in an agency fee election would violate the MOU and result in a violation of 3515 by requiring the employees to participate in union activities through use of the agency fee, in spite of the lack of authorization for such usuage after July 1, 1986 (pursuant to the MOU provisions); p. 10. more or view all topics or full text.
Lemoore Union High School District|
1305.1000: REPRESENTATION ISSUES; ORGANIZATIONAL SECURITY RESCISSION ELECTION; In GeneralAppeal of regional director's order of election for rescission of organizational security arrangement denied where petition for election was timely and accompanied by sufficient signatures; p. 1. PERB Regulation 34020(b)(5) requires that petition for rescission of organizational security clause include language of the clause sought to be rescinded; to avoid confusion on what clause is being voted on, text of the submitted clause appears on each ballot; p. 5. Pending superior court actions which could result in a finding that organizational security clause, which is the subject of a petition for a rescission election, is unenforceable, do not require PERB to cancel or delay rescission election, as to do so would be to render an advisory opinion that such a clause does not constitute an organizational security arrangement "in effect" under EERA 3546(b), as no judgement has yet been rendered by the court; p. 6. organizational security arrangement "in effect" under EERA 3546(b), as no judgement has yet been rendered by the court; p. 6. more or view all topics or full text.
Oceanside Unified School District|
1305.1000: REPRESENTATION ISSUES; ORGANIZATIONAL SECURITY RESCISSION ELECTION; In GeneralSection 3546(a) requires that results of organizational security election issue on basis of majority of those voting, despite provision in CBA for 67% vote; p. 1. more or view all topics or full text.
Pleasant Valley Elementary School District|
1305.1000: REPRESENTATION ISSUES; ORGANIZATIONAL SECURITY RESCISSION ELECTION; In GeneralBoard stayed election to rescind service fee arrangement pending outcome of unfair practice case, finding that the District's actions were likely to influence outcome. more or view all topics or full text.