Decision A315E – Salinas Union High School District

SF-UM-588-E

Decision Date: June 6, 2002

Decision Type: Administrative Appeal

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Perc Vol: 26
Perc Index: 33075

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent

Based on fundamental differences between the NLRA and EERA, the Board declines to apply NLRB unit clarification precedent, which would bar the granting of a unit modification without an election, to PERB unit modification proceedings. Under the NLRA, only an election determines the union’s majority status, it cannot be determined through the NLRB’s administratively required showing of interest whereas under the EERA, the statute itself calls for representation petitions to be supported by majority support and PERB regulations specifically contemplate the Board’s discretion to conduct an election or grant a petition without an election.

1306.00000 – REPRESENTATION ISSUES; PROOF OF SUPPORT
1306.01000 – In General; Requirements

Where authorization cards contain plainly stated information that meets PERB’s proof of support requirements, assertion that employees signing cards may not have understood the significance of the authorization cards is without merit even though it is possible that the authorization cards alone could leave less than an absolute certainty regarding the desire of employees.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.01000 – In General

Proof of majority support indicated by authorization cards is sufficient to certify the new unit through a unit modification proceeding without an election where requisite community of interest is not contested and balancing the equities dictates such a conclusion despite the employer contesting majority support and requesting an election.