PERB Rules on Recognition

Thursday, August 18, 2011

ALTURAS - The Public Employee Relations Board released their decision this week regarding an amendment filed by UPEC earlier this year.
UPEC Local 792 filed a petition with the Public Employee Relations Board (PERB) February 24, 2011 asking they amend their Certification of Representation for Modoc Medical Center in Alturas, California. The hospital was planning on converting from a County hospital to a Hospital District at that time. The Petition filed,UPEC Business Manager Chris Darker, requested PERB to Amend their certification as the exclusive representative of the 90 member bargaining unit when the hospital becomes a District. “This became an issue because neither PERB Regulation nor the MMBA specifically addresses the question of how a successor employer is determined or what the successor’s obligations are to the exclusive representative (UPEC) of the predecessors (Hospitals) employees”, stated Darker.
PERB looked to the private sector language under the National Labor Relations Board (NLRB) in NLRB v. Burns International Security Services, AKA the Burns decision. which held that a new employer is a successor employer and has a duty to bargain with the exclusive representative of it’s predecessor’s employees when: 1). The new employer hires a majority of its employees from the predecessor’s workforce; 2) The employees had previously selected an exclusive representative to represent them in their bargaining with the predecessor; and 3) The employees continue to perform essentially the same work in the same setting.
UPEC proved these are the circumstances in their case to PERB and therefore a new petition for exclusive recognition of the employees at MMC is not necessary. “I am very please PERB granted this decision. Maybe now we can move forward toward quick resolve”, said Darker.