Decision A464M – San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * *

LA-PC-16-M

Decision Date: May 15, 2018

Decision Type: Administrative Appeal

Description: The State Mediation and Conciliation Service dismissed a representation petition that sought to sever a smaller bargaining unit from an existing unit.  The petitioner appealed.

Disposition: The Board reversed.  It concluded, contrary to the administrative determination, that a severance petition was permitted by the statute and regulations.

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Perc Vol: 42
Perc Index: 149

Decision Headnotes

1302.00000 – REPRESENTATION ISSUES; DECERTIFICATION
1302.01000 – In General; Filing Requirements

Under PERB Regulation 93005, which applies to Public Utilities Code transit districts, a petition through which an employee organization seeks to become the representative of an existing unit or of a smaller severed unit, is a petition for certification, not decertification, and is permitted.

1308.00000 – REPRESENTATION ISSUES; SEVERANCE
1308.01000 – In General

Under PERB Regulation 93005, which applies to Public Utilities Code transit districts, a petition through which an employee organization seeks to become the representative of an existing unit or of a smaller severed unit, is a petition for certification, not decertification, and is permitted.

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

Under PERB Regulation 93005, which applies to Public Utilities Code transit districts, a petition through which an employee organization seeks to become the representative of an existing unit or of a smaller severed unit, is a petition for certification, not decertification, and is permitted.