Decision 2903M – City of Upland

LA-CE-1644-M & LA-CE-1663-M

Decision Date: June 10, 2024

Decision Type: PERB Decision (Non-Precedential)

Description:  In this consolidated case, American Federation of State, County & Municipal Employees District Council 36 (AFSCME) alleged that the City of Upland unreasonably processed its combined decertification and recognition petition as solely a decertification petition and maintained an unreasonable local rule, thereby violating the City’s Employee Relations Ordinance (ERO), the Meyers-Milias-Brown Act (MMBA), and PERB Regulations. Upland City Employees Association (UCEA) argued (1) that AFSCME’s petition was one for decertification only, (2) that AFSCME’s petition was defective, and (3) that the City unreasonably processed AFSCME’s petition, and in so doing violated the ERO and MMBA. The Board designated the decision as non-precedential after reviewing the criteria in PERB Regulation 32320, subdivision (d).

Disposition:  In a non-precedential decision, the Board determined that AFSCME’s intent to replace UCEA was clear from its very first petition, and that it had filed a combined decertification and recognition petition. Accordingly, the Board ordered that the City deem AFSCME’s revised petition timely and process it pursuant to the ERO. Because the record evidence demonstrated that the revised petition met the requirements of the ERO, the Board ordered that the City must arrange for a combined decertification and recognition election.

Perc Vol: 49
Perc Index: 11

Decision Headnotes

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