Decision A459H – Regents of the University of California

SF-UM-788-H

Decision Date: January 19, 2018

Decision Type: Administrative Appeal

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Perc Vol: 42
Perc Index: 91

Decision Headnotes

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

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.

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

The Board cannot make changes to its regulations through decision-making rather than rulemaking.

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

Under PERB Regulation 32700 proof of support must consist of original documents, which means documents with original signatures.

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

The appropriate action when representation petition lacks sufficient proof of support is not an election, but dismissal of the petition.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

Under PERB Regulation 32700 proof of support must consist of original documents, which means documents with original signatures.