All notes for Subtopic 1310.04000 – Decertification and Unit Modification

DecisionDescriptionPERC Vol.PERC IndexDate
A420M San Francisco Housing Authority
1310.4000: REPRESENTATION ISSUES; UNIT MODIFICATION; Decertification and Unit Modification
When the employees covered by a petition are currently represented, an employee organization unilaterally desiring to represent them must file a decertification petition pursuant to PERB Regulation 61350 et seq., or a severance petition pursuant to PERB Regulation 61400 et seq. The litany of requirements contained within those provisions—including proof of employee support, and restrictions on the timing of petitions—would be undermined if a petitioner could file a unilateral and hostile unit modification petition. more or view all topics or full text.
04/28/15
1622M Westlands Water District
1310.4000: REPRESENTATION ISSUES; UNIT MODIFICATION; Decertification and Unit Modification
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
A250E Los Angeles Unified School District (Busdrivers Association/Service Employees International Union)
1310.4000: REPRESENTATION ISSUES; UNIT MODIFICATION; Decertification and Unit Modification
The Sweetwater units are presumptively appropriate and a variant unit will not be granted unless it is more appropriate than the Sweetwater unit; pp. 5-6. The burden is on the petitioner to show that there has been a change of circumstances sufficient to justify a variation of an established unit; p. 6. Pursuant to Regulation 32786, the Board agent will use his discretion in deciding whether a hearing is necessary in addition to an investigation. Where there are no factual disputes to be resolved, there is no reason to conduct a hearing. Petitioner's failure to allege any change of circumstances is grounds for determining that no hearing is necessary; p. 7. Existing unit appropriate where petitioner failed to show a change in circumstances. Existing unit appropriate where petitioner failed to show a change in circumstances. more or view all topics or full text.
182501211/22/93
A215E South County Community College District . . . See Ad-130
1310.4000: REPRESENTATION ISSUES; UNIT MODIFICATION; Decertification and Unit Modification
Decertification is not the sole means by which a change in representation can occur. more or view all topics or full text.
142120210/26/90
A164E Peralta Community College District
1310.4000: REPRESENTATION ISSUES; UNIT MODIFICATION; Decertification and Unit Modification
A decertification petition, which is properly filed in established unit and contains requisite proof of service, 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. more or view all topics or full text.
111811006/18/87
0601S State of California (Department of Personnel Administration, Developmental Services, and Mental Health); State of California (Department of Personnel Administration) (Communications Workers of America/California Association of Psychiatric Technicians)
1310.4000: REPRESENTATION ISSUES; UNIT MODIFICATION; Decertification and Unit Modification
The employer's request for a unit modification is not interference with incumbent union's rights or employees' free choice in decertification proceedings where the employer had pursued request for years and where the modification issue was only one of many; pp. 100-101, proposed dec. more or view all topics or full text.
111802012/30/86