SECTIONS 3573-3578 - California Statutes

GOVERNMENT CODE

SECTION 3573-3578

3573. An employee organization may become the exclusive
representative for the employees of an appropriate unit for purposes
of meeting and conferring by filing a request with a higher education
employer alleging that a majority of the employees in an appropriate
unit wish to be represented by such organization and asking the
employer to recognize it as the exclusive representative. The request
shall describe the grouping of jobs or positions which constitute
the unit claimed to be appropriate and shall certify that proof of
majority support has been submitted to either the board or to a
mutually agreed upon third party. Notice of any such request shall
immediately be posted conspicuously on all employee bulletin boards
in each facility of the employer in which members of the unit claimed
to be appropriate are employed.

3574. The higher education employer shall grant a request for
recognition filed pursuant to Section 3573 unless any of the
following occurs:
(a) The employer reasonably doubts that the employee organization
has majority support or reasonably doubts the appropriateness of the
requested unit. In that case, the employer shall notify the board,
which shall conduct a representation election or verify proof of
majority support pursuant to Section 3577 unless subdivision (c) or
(d) applies.
(b) Another employee organization either files with the employer a
challenge to the appropriateness of the unit or submits a competing
claim of representation within 15 workdays of the posting of notice
of the written request. If the claim is evidenced by the support of
at least 30 percent of the members of the proposed unit, a question
of representation shall be deemed to exist and the board shall
conduct a representation election pursuant to Section 3577. Proof of
that support shall be submitted to either the board or to a mutually
agreed upon third party.
(c) There is currently in effect a lawful written memorandum of
understanding between the employer and another employee organization
recognized or certified as the exclusive representative of any
employees included in the unit described in the request for
recognition, unless the request for recognition is filed not more
than 120 days and not less than 90 days prior to the expiration date
of the memorandum of understanding, provided that, if the memorandum
of understanding has been in effect for three years or more, there
shall be no restriction as to the time of filing the request. The
existence of a memorandum of understanding, or current certification
as the exclusive representative, shall be the proof of support
necessary to trigger a representation election pursuant to Section
3577 to determine majority support when a request for recognition is
made by another employee organization.
(d) Within the previous 12 months, either another employee
organization has been lawfully recognized or certified as the
exclusive representative of any employees included in the unit
described in the request for recognition, or a majority of the votes
cast in a representation election held pursuant to Section 3577 were
cast for "no representation."

3575. A petition may be filed with the board, in accordance with
its rules and regulations, requesting it to investigate and decide
the question of whether employees have selected or wish to select an
exclusive representative or to determine the appropriateness of a
unit, by:
(a) An employee organization alleging that it has filed a request
for recognition as an exclusive representative with an employer and
that the request has been denied or has not been acted upon within 30
days after the filing of the request; or
(b) An employee organization alleging that it has filed a
competing claim of representation pursuant to subdivision (b) of
Section 3574; or
(c) An employee organization wishing to be certified by the board
as the exclusive representative. Such petition for certification as
the exclusive representative in an appropriate unit shall include
proof of a 30-percent showing of interest designating the
organization as the exclusive representative of the employees.

3576. A petition may be filed with the board, in accordance with
its rules and regulations, requesting it to investigate and decide
the question of whether the employees wish to decertify an exclusive
representative or to reconsider the appropriateness of a unit. Such
petition may allege that the employees in an appropriate unit no
longer desire a particular employee organization as their exclusive
representative, provided that such petition is supported by 30
percent of the employees in the unit indicating support for another
organization or lack of support for the incumbent exclusive
representative.

3577. (a) (1) (A) Upon receipt of a petition filed pursuant to
Section 3575, the board shall conduct inquiries and investigations,
or hold hearings, as it deems necessary in order to decide the
questions raised by the petition. The determination of the board may
be based upon the evidence adduced in the inquiries, investigations,
or hearings.
(B) If the board finds, on the basis of the evidence, that a
question of representation exists, or a question of representation is
deemed to exist pursuant to subdivision (a) or (b) of Section 3574,
it shall, in a case where the criteria of subparagraph (A) of
paragraph (2) are not met, order that an election shall be conducted
by secret ballot placing on the ballot all employee organizations
evidencing support of at least 10 percent of the members of an
appropriate unit, and it shall certify the results of the election on
the basis of which ballot choice received a majority of the valid
votes cast. There shall be printed on the initial ballot the choice
of "no representation."
(C) If, at any election, no choice on the ballot receives a
majority of the votes cast, a runoff election shall be conducted. The
ballot for the runoff election shall provide for a selection between
the two choices receiving the largest and second largest number of
valid votes cast in the election.
(2) (A) If the petitioning employee organization provides proof of
support of more than 50 percent of the members of the appropriate
unit, and no other employee organization has provided proof of
support of at least 30 percent of the members of the appropriate
unit, the employee organization providing the proof of support of
more than 50 percent of the appropriate unit shall be certified by
the board as the exclusive representative, as provided in subdivision
(a) of Section 3563 and, where applicable, in Section 3579. The
procedures for determining proof of support shall be defined by
regulations of the board.
(B) In the event the petitioning employee organization does not
provide proof of support of more than 50 percent of the members of
the appropriate unit, or another employee organization provides proof
of support of at least 30 percent of the members of the appropriate
unit, then the procedures of paragraph (1) shall apply.
(C) The existence of a memorandum of understanding, or current
certification as the exclusive representative, shall be the proof of
support necessary to trigger a representation election pursuant to
this section to determine majority support when a request for
recognition is made by another employee organization.
(3) An employee organization shall, at its discretion, submit
proof of support for the purposes of this section either to the board
or to a mutually agreed-upon third party.
(b) No election shall be held and the petition shall be dismissed
whenever either of the following occurs:
(1) There is currently in effect a memorandum of understanding
between the employer and another employee organization recognized or
certified as the exclusive representative of any employees included
in the unit described in the petition, unless the petition is filed
not more than 120 days and not less than 90 days prior to the
expiration date of that memorandum. If the memorandum has been in
effect for three years or more, there shall be no restriction as to
time of filing the petition.
(2) Within the previous 12 months, either an employee organization
other than the petitioner has been lawfully recognized or certified
as the exclusive representative of any employees included in the unit
described in the petition, or a majority of the votes cast in a
representation election held pursuant to subdivision (a) were cast
for "no representation."

3578. The employee organization recognized or certified as the
exclusive representative shall represent all employees in the unit,
fairly and impartially. A breach of this duty shall be deemed to have
occurred if the employee organization's conduct in representation is
arbitrary, discriminatory, or in bad faith.