REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION – Amended Certification, Petition for
Single Topic for Decision 2113M
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1300.03000 – Amended Certification, Petition for
PERB may amend an exclusive representative’s certification to reflect affiliation or disaffiliation only when: (1) there is “substantial continuity” of representation and identity between the pre- and post-disaffiliated union; and (2) the disaffiliation election was conducted with appropriate due process safeguards. If both criteria are not met, a question concerning representation exists that may only be resolved through the applicable election procedure. Petitioner employee organization failed to establish substantial continuity with pre-disaffiliation local because local under administratorship, not petitioning organization, continued to function as representative of bargaining unit members. Question concerning representation existed that could only be resolved through local agency’s decertification procedures.