Decision A215E – South County Community College District . . . See Ad-130
SF-AC-22
Decision Date: October 26, 1990
Decision Type: Administrative Appeal
Description: The Board granted an amended certification reflecting the local employee organization’s disaffiliation with CTA and NEA. The Board concluded that the amendment of the certification was appropriate where (1) the changes resulting from the disaffiliation were not sufficiently dramatic to alter the local organization’s identity; and (2) the disaffiliation election was conducted with adequate due process safeguards in accordance with the organization ‘s constitution The Board rejected CTA’s contentions that PERB lacked authority under EERA section 3514.3(m) or Regulation 32761 to grant disaffiliations under the amendment of certification procedure where the parent opposed the disaffiliation.
Perc Vol: 14
Perc Index: 21202
Decision Headnotes
1300.03000 – Amended Certification, Petition for
An amendment of certification is appropriate to reflect an affiliation or disaffiliation where there is no charge in the basic identity of the representative chosen by the employees. Such changes in certification are not appropriate where, as a result of that change, a question concerning representation is created.
1307.01000 – In General/Definition
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. The focus of the substantial continuity inquiry is to determine whether the disaffiliation substantially changed the Union. The focus of the due process analysis is to determine whether the election was conducted with adequate safeguards, including notice of election, and adequate opportunity for members to discuss the election and reasonable precautions to maintain ballot secrecy. 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. An amendment of certification is appropriate to reflect the disaffiliation where (1) the changes resulting from the disaffiliation were not sufficiently dramitic to alter the local organization's identity; and (2) the disaffiliation election was conducted with adequate due process safeguards in accordance with the organization's constitution. Such changes in certification are not appropriate where, as a result of that change, a question concerning representation is created. QCR defined as sufficient doubt about the union's continuing status as the legitimate representative of employees in a particular unit such that a new election should be conducted to determine employee sentiment. Substantial continuity where officers and negotiator remained the same. Change in dues structure, modification of constitution and loss of affiliate; services did not alter substantial continuity. Due process does not require a vote of all members of the bargaining unit just union members.
1310.04000 – Decertification and Unit Modification
Decertification is not the sole means by which a change in representation can occur.