Decision 1816M – Antelope Valley Health Care District
LA-CE-196-M
Decision Date: February 10, 2006
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge which alleged unlawful refusal to recognize SEIU as the executive representative after a card check.
Disposition: The Board found that the district unreasonably withheld recognition from the union as the exclusive representative for the unit of “all other employees.” Specifically, the Board concluded that the district withheld recognition by treating the “No Union” slips as revoking the SEIU authorization cards. The “No union” slips do not show the signers’ intent to revoke the authorization cards and thus should not be deducted from the unions tally.
Perc Vol: 30
Perc Index: 60
Decision Headnotes
1107.11000 – Request for Oral Argument
Request for oral argument denied where adequate record prepared, parties had ample opportunity to brief and did, and issue before Board is sufficiently clear to make oral argument unnecessary.
1300.01000 – In General
An employee con revoke an authorization card or proof of support so long as the employee clearly demonstrates the desire NOT to be represented by the employee organization for the purposes of meeting and conferring on wages, hours and other terms and conditions of employment. “No Union” slips of paper signed by employees are not valid revocations. A revocation of an authorization card or other proof of support should meet the requirements in PERB Reg. 61020(a). MMBA 3507.1(c) requires a public agency to grant recognition to an employee organization based on cards that show a majority of the employees in an appropriate bargaining unit desire the representation, unless another labor organization has previously been lawfully recognized as representative of all or part of the same unit. In this case, the District unreasonably withheld recognition from SEIU. SMCS responsible under Government Code 3507.1(c) to verify petitioner’s majority status. In absence of SMCS decision, PERB will determine whether District unreasonably withheld recognition under 3507(c).
1306.01000 – In General; Requirements
An employee con revoke an authorization card or proof of support so long as the employee clearly demonstrates the desire NOT to be represented by the employee organization for the purposes of meeting and conferring on wages, hours and other terms and conditions of employment. “No Union” slips of paper signed by employees are not valid revocations. A revocation of an authorization card or other proof of support should meet the requirements in PERB Reg. 61020(a). MMBA 3507.1(c) requires a public agency to grant recognition to an employee organization based on cards that show a majority of the employees in an appropriate bargaining unit desire the representation, unless another labor organization has previously been lawfully recognized as representative of all or part of the same unit. In this case, the District unreasonably withheld recognition from SEIU.
1307.01000 – In General/Definition
SMCS responsible under Government Code 3507.1(c) to verify petitioner’s majority status. In absence of SMCS decision, PERB will determine whether District unreasonably withheld recognition under 3507(c).
1307.04000 – Voluntary Recognition
An employee con revoke an authorization card or proof of support so long as the employee clearly demonstrates the desire NOT to be represented by the employee organization for the purposes of meeting and conferring on wages, hours and other terms and conditions of employment. “No Union” slips of paper signed by employees are not valid revocations. A revocation of an authorization card or other proof of support should meet the requirements in PERB Reg. 61020(a). MMBA 3507.1(c) requires a public agency to grant recognition to an employee organization based on cards that show a majority of the employees in an appropriate bargaining unit desire the representation, unless another labor organization has previously been lawfully recognized as representative of all or part of the same unit. In this case, the District unreasonably withheld recognition from SEIU.
1407.01000 – General Principles
When statute is clear and unambiguous, the intent of the Legislature is reflected in the plain meaning of the statute and it is unnecessary to look at Legislative history. A recognized rule of statutory construction is that the expression of certain things in a statute necessarily involves exclusion of other things not expressed.