Decision A422M – City of Monterey Park
Decision Date: June 5, 2015
Decision Type: Administrative Appeal
Description: Following the investigation of a decertification petition, the Office of the General Counsel issued an administrative determination concluding that the decertification petition had been timely filed with the requisite proof of support and that a decertification election would be conducted to determine the employee organization, if any, to be certified as the exclusive representative of the bargaining unit in question.
Disposition: While an appeal by the incumbent exclusive representative from the Office of the General Counsel’s administrative determination was pending before the Board, the Office of the General Counsel requested that the matter be recalled to the Office of the General Counsel for further processing, which request was granted by the Board.
Perc Vol: 39
Perc Index: 179
1107.03000 – Remand for Further Hearing; Remand to General Counsel
Where it was unclear whether the exclusive representative had notice of a decertification petition and the resulting investigation by the Office of the General Counsel, the General Counsel’s request to recall the matter following an appeal from its administrative determination directing the conduct of a decertification election was granted; the Office of the General Counsel is in the best position to determine the most appropriate course of action and to correct, if necessary, any defect in the process; although this “recall” procedure previously had only been applied in the context of an appeal from a dismissal of an unfair practice charge by the Office of the General Counsel, the rationale for retuning a matter to the Office of the General Counsel upon request applies with equal force in a representation case as it does in an unfair practice case; given the nature of representation proceedings and the direct and immediate impact such proceedings have on an entire bargaining unit of employees, the General Counsel’s determination of the need for further processing warrants a high level of deference from the Board itself.