Types of cases we support

​Representation Election Petitions: filed with at least a 30% showing of interest indicating that a union wants to represent an employee unit. If showing of interest is between 30% and 50%, results in a secret ballot election run by PERB, to determine who will represent the unit in collective bargaining. Intervening unions permitted. (Representation Election Petition form) If showing of interest is more than 50%, results in a Certification of the union to represent the employee unit. No intervening unions permitted.

    Steps to file Representation Petitions/Certification Petitions​
  1. Step 1: File the appropriate form with PERB along with the showing of interest. PERB will request the employee list from the appropriate employer on the date the petition is filed–Employer must provide that list within two days from the filing of the petition.
  2. Step 2: PERB Executive Director, as quickly as possible, will verify the percentage of interest filed as compared with the employee list.
  3. Step 3: If a greater than 50% showing of interest has been presented, PERB will issue a Certification of Representation for the filing union.
  4. Step 4: If a 30% or greater showing of interest (less than 50%+) is presented, PERB will begin the election preparation process.

Decertification Petition: filed between 120 and 90 days until the current contract/MOU will expire. Follows the same processes and requirements as the Representation Petition above. Results in a secret ballot election, run by PERB, to determine if the current collective bargaining representative will remain.

    Steps to file Decertification Petition
  1. Step 1: file the appropriate form with PERB along with the showing of interest. PERB will request the employee list from the appropriate employer on the date the petition is filed–Employer must providence that list within two days from the filing of the petition.
  2. Step 2: Percentage of interest will be verified by the PERB Executive Director as quickly as possible
  3. Step 3: If a 30% or greater showing of interest is presented, PERB will begin the election preparation process

Unit Clarification Petition: filed in the event of a dispute as to whether certain employees are within a bargaining unit. May be filed during an election process.

    3. Unit Clarification Petition
  1. Step 1: file the appropriate form with PERB, with a copy to the other party, along with any further information that you believe necessary
  2. Step 2: other party receives ten days to respond
  3. Step 3: Board reviews file, and makes a decision or schedules a hearing on the matter, after which a decision will be issued.

Impasse Requests: filed, either jointly or separately, when one or both parties feel they are no longer able to bargain over one or more issues. Results in a Determination from PERB and directions on what parties must do going forward.

Negotiability Disputes: filed, either jointly or separately, when public school based parties disagree over whether a particular topic area is a proper subject for negotiation. Results in a Determination from PERB and directions on what parties must do going forward.

Unfair Labor Practice Charges: filed by a union, an employee, or an employer, who believes the party they filed against has violated a certain portion of the PERA. Investigated by Deputy Directors who recommend any further action to PERB. Results in either a complaint being issued by PERB against the charged party, potentially a hearing before PERB and an opinion from PERB, or a letter of no complaint issued by PERB.

    4. Impasse Requests
  1. Step 1: File the appropriate form with PERB, with a copy to the other part, along with the additional information that form requires.
  2. Step 2: If you are filing a joint request, Board may review quickly and issue a determination.
  3. Step 3: If you are filing alone, Board will request a response from the other party which will be due in seven (7) days.
  4. Step 4: Board determination on impasse will be issued.
  1. 5. Negotiability Disputes - Public School Employees Only
  2. Step 1: File the appropriate form with PERB, with a copy to the other party, along with any additional information you believe necessary
  3. Step 2: Board will issue a letter to both parties stating that a negotiability dispute has been filed and that parties are required to file briefs in support of their position.
  4. Step 3: Board may decide to hold a hearing, or simply issue a decision.
    6. Unfair Labor Practice Charges
  1. Step 1: File the appropriate form with PERB, with a copy to the charged party, along with any additional information you believe necessary
  2. Step 2: PERB staff will send a processing letter to the parties. Response due from the charged party within 20 days.
  3. Step 3: Charge and response will be assigned to a PERB Deputy Director who will investigate the charge.
  4. Step 4: Deputy Director will present a recommendation to the Board–Board will review and deliberate about the recommendation, and go forward with either issuing a complaint against the charged party, followed by a hearing process (in which the charged party may participate) followed by a decision being issued, or direct that a letter of no complaint be issued.