Labor Relations Fundamentals for Community College Districts

the employee desires an election to be held to determine whether or not the union has the full support of the majority of the employees in the bargaining unit.

The collection of authorization cards, representing proof of majority support for union representation, is the essential step in an organizing drive. Once a union representative collects enough authorization cards to demonstrate proof of majority support in the anticipated unit of employees, the union will file a formal request for recognition with the Public Employment Relations Board (PERB). 7

B. R EQUEST FOR R ECOGNITION

The process of requesting recognition and evaluating majority support is one that is regulated by statute. The following overview describes the process.

An employee organization submits to PERB a request for recognition to become the exclusive representative of an appropriate unit. 8 If a collective bargaining agreement (CBA) already exists, and employees in a unit seek to sever from the unit or be represented by a different labor association, a request must be submitted during a 29-day period (that which is less than 120 days, but more than 90 days, prior to the expiration of the agreement, not counting the date on which the agreement expires). 9 An employee organization must file such a request with the employer and the regional office of PERB, with proof of majority support provided to the regional office. 10 The employer is required to immediately post conspicuous notice of the request, and all subsequent formal actions of the parties and PERB, for a period of 15 workdays. 11 During the processing of a request for recognition, a rival employee organization may file an “intervention” to the request for recognition upon proof of at least 30 percent support in the designated unit. 12 Within 15 calendar days following notification of PERB’s determination, the employer must notify PERB by separate filing if it grants recognition pursuant to Government Code section 3544, or if it denies recognition. 14 The employer must grant recognition unless it doubts the appropriateness of the unit, the petition is untimely filed, there was a valid intervention by another employee organization, or the employer has lawfully recognized another employee organization within the previous 12 months as the exclusive representative of any employees included in the unit described in the request for recognition. 15 If the employer denies recognition, the employee organization may petition for PERB investigation to determine majority support or determine the appropriateness of a unit. 16 PERB may then investigate the matter, conduct a hearing or conduct a representation election. 17 PERB will then issue a decision. 18 At any time prior to a final decision of the Board regarding an appropriate unit, the parties may mutually agree upon an appropriate unit and request the Board to conduct a consent election. 19 Within 20 calendar days of the receipt of the request, the PERB Regional Director will review the showing of support and inform the parties as to sufficiency or insufficiency of support. 13

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 10