High-level overview of the union organizational process
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Note: The information below provides a snapshot of the major steps in the union organizational process under the California Higher Education Employer-Employee Relations Act (HEERA). It is not intended to be an exhaustive outline of the organizational process.
1. Union gathers proof of support of a union
A union wishing to organize a proposed unit of employees solicits written support of the unionization effort from that group of employees.
2. Union files petition with PERB
The union files a representation petition with the Public Employment Relations Board (PERB) that includes a description of the proposed unit and proof of employee support for the union, among other things.
3. PERB review/investigation & possible challenges
Once a union files a representation petition, PERB will review and investigate it. Other parties — such as the employer and other unions — may file petitions with PERB regarding the representation petition. The possible filings include a Petition for Intervention from another union and challenges to the union’s petitions.
4. PERB issues order
Once PERB completes its investigation, it will issue an order. Depending on the level of support for the unionization effort, PERB can do one of the following:
- Deny the petition
- Grant the petition and order an election
- Grant the petition and recognize the union, if the union has majority support and no other union demonstrates that at least 30% of the unit supports that union’s efforts
5. PERB certification
If the union prevails in an election, or if the union submits proof of majority support (and no election is required), PERB will issue an order recognizing the union as the exclusive representative for the group of employees.
6. Bargaining begins
The union and employer meet and negotiate in good faith over wages, benefits, hours, and other terms and conditions of employment.
7. Tentative agreement & ratification
When the parties reach a tentative agreement, the union presents it to employees for a ratification vote. If ratified, both sides sign the agreement.
8. Contract takes effect
The signed agreement becomes the legally binding collective bargaining agreement, governing terms, and conditions of employment for the duration of the contract.