Decision 2113M – County of Siskiyou/Siskiyou County Superior Court

SA-AC-63-M; SA-AC-64-C

Decision Date: June 7, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 95

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

In the absence of local rules governing amendment of certification, PERB had jurisdiction over petitions to amend an exclusive representative’s certification and applied its amendment of certification regulations to the petitions.

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

MMBA section 3509(a) and Trial Court Act section 71639.1(b) grant PERB the authority to adopt rules to apply in areas where a local agency or trial court has no rule. PERB regulations thus serve to “fill in the gaps” when a local agency or trial court has not adopted local rules governing a particular representation issue. Because county and trial court had not adopted local rules governing amendment of certification, PERB’s regulations on the subject applied to petitions to amend an exclusive representative’s certification.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
202.03000 – Dissolution or Inactive Status; Successor Unions; Affiliation

PERB 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.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.02000 – Internal Union Procedures

PERB will not interfere in the internal affairs of a union unless the union’s conduct has a substantial impact on the relationship of unit members to their employer. PERB had no authority to resolve whether affiliation agreement allowed disaffiliation vote or whether imposition of administratorship on local affiliate was proper because petitioning employee organization failed to establish either issue had a significant impact on bargaining unit employees’ relationship with their employer.

1300.00000 – REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION
1300.03000 – Amended Certification, Petition for

PERB 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. Question concerning representation existed that could only be resolved through local agency’s decertification procedures.

1307.00000 – REPRESENTATION ISSUES; QUESTION CONCERNING REPRESENTATION (QCR)
1307.01000 – In General/Definition

When an employee organization affiliates with or disaffiliates from another organization, a question concerning representation exists unless there is “substantial continuity” of representation and identity between the pre- and post-(dis)affiliated union. Because petitioner employee organization failed to establish substantial continuity with pre-disaffiliation local, question concerning representation existed that could only be resolved through local agency’s decertification procedures.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.01000 – In General

MMBA section 3509(a) and Trial Court Act section 71639.1(b) grant PERB the authority to adopt rules to apply in areas where a local agency or trial court has no rule. PERB regulations thus serve to “fill in the gaps” when a local agency or trial court has not adopted local rules governing a particular representation issue. Because county and trial court had not adopted local rules governing amendment of certification, PERB’s regulations on the subject applied to petitions to amend an exclusive representative’s certification.