All notes for Subtopic 202.03000 – Dissolution or Inactive Status; Successor Unions; Affiliation
|Decision||Description||PERC Vol.||PERC Index||Date|
County of Siskiyou/Siskiyou County Superior Court|
202.3000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Dissolution or Inactive Status; Successor Unions; AffiliationPERB 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. more or view all topics or full text.
202.3000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Dissolution or Inactive Status; Successor Unions; AffiliationCollective bargaining agreement that calls for arbitration of certain disputes invalid because the City's charter did not provide for arbitration of the rules and regulations in dispute, but instead placed the exclusive power and duty to formulate them in the fire commission. more or view all topics or full text.
San Jose-Evergreen Community College District|
202.3000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Dissolution or Inactive Status; Successor Unions; AffiliationAn 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. The appropriate test for determining whether a question concerning representation exists in a case of affiliation or disaffiliation is the NLRB's traditional substantial continuity and due process analysis; pp. 9-10, P.D. The focus of the substantial continuity inquiry is to determine whether the affiliation substantially changed the union; p. 9, P.D. The focus of the due process inquiry is to determine whether the election was conducted with adequate safeguards, the union; p. 9, P.D. The focus of the due process inquiry is to determine whether the election was conducted with adequate safeguards, ballot secrecy; p. 9, P.D. In accord with the U.S. Supreme Court's decision in NLRB v. Financial Institution Employees, the local association is within its rights as an employee organization to limit the vote on the decision to affiliate or disaffiliate with another organization, to its members only; p. 8, P.D. Factors considered significant in determining if there has been a change in identity of the exclusive representative include the originally certified union's interaction with management and the ability of the local members to control the actions of the union's officers; pp. 8-9. Disaffiliation where there is no QCR becomes effective as of the date of decision to disaffiliate. more or view all topics or full text.
Washington Unified School District||10||17024||12/16/85|
Anaheim City School District, et al.||7||14263||09/30/83|