Decision 1816M – Antelope Valley Health Care District

LA-CE-196-M

Decision Date: February 10, 2006

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 60

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1300.00000 – REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION
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).

1306.00000 – REPRESENTATION ISSUES; PROOF OF SUPPORT
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.

1307.00000 – REPRESENTATION ISSUES; QUESTION CONCERNING REPRESENTATION (QCR)
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).

1307.00000 – REPRESENTATION ISSUES; QUESTION CONCERNING REPRESENTATION (QCR)
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.

1407.00000 – GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION
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.