Decision A435H – Regents of the University of California
Decision Date: April 21, 2016
Decision Type: Administrative Appeal
Description: In this HEERA representation matter, the petitioner requested recognition to become the exclusive representative of the skilled trades bargaining unit; the intervenor sought some, but not all, of the classifications; and the petitioner filed a petition for Board investigation.
Disposition: The Office of the General Counsel determined that the election bar applied and dismissed the case. The Board affirmed, holding that during the 12 months following certification after a valid election, no election may be held and no requests for recognition or intervention may be filed.
Perc Vol: 40
Perc Index: 170
1300.01000 – In General
Under the elections bar doctrine, during the 12 months following certification after an election, no election may be held and no requests for recognition or interventions may be filed pursuant to HEERA section 3577, subdivision (b)(2), which requires the dismissal of such petitions; there is no “unusual or special circumstances” exception to the 12-month election bar even where there has been a disclaimer of interest.