Decision A459H – Regents of the University of California * * * SUPERSEDED, IN PART, by PERB Regulation 32700, effective 2/15/2021
SF-UM-788-H
Decision Date: January 19, 2018
Decision Type: Administrative Appeal
* * * SUPERSEDED, IN PART, by PERB Regulation 32700, effective 2/15/2021 * * *
Description: The Office of the General Counsel dismissed a unit modification petition filed with copies of proof of support signed electronically. The petitioner appealed.
Disposition: The Board affirmed. It concluded that PERB Regulations require that proof of support consist of original documents signed by the employees.
Perc Vol: 42
Perc Index: 91
Decision Headnotes
101.03000 – NLRA/LMRDA Precedent
* * * SUPERSEDED IN PART ON OTHER GROUNDS by PERB Regulation 32700, effective 2/15/2021. * * *
While the Board often looks to NLRB practices and precedents for guidance when interpreting the statutes within its jurisdiction, this guidance may have limited value when the Board’s regulations diverge from the NLRB’s.
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
* * * SUPERSEDED IN PART ON OTHER GROUNDS by PERB Regulation 32700, effective 2/15/2021. * * *
The Board cannot make changes to its regulations through decision-making rather than rulemaking.
1306.01000 – In General; Requirements
* * * SUPERSEDED IN PART by PERB Regulation 32700, effective 2/15/2021, which established new proof of support guidelines. * * *
Under PERB Regulation 32700 proof of support must consist of original documents, which means documents with original signatures.
1306.01000 – In General; Requirements
* * * SUPERSEDED IN PART by PERB Regulation 32700, effective 2/15/2021, which established new proof of support guidelines. * * *
The appropriate action when representation petition lacks sufficient proof of support is not an election, but dismissal of the petition.
1503.03000 – Regulations Considered (By Number) (Continued)
* * * SUPERSEDED IN PART by PERB Regulation 32700, effective 2/15/2021, which established new proof of support guidelines. * * *
Under PERB Regulation 32700 proof of support must consist of original documents, which means documents with original signatures.