Can I as an individual employee petition PERB to "certify" a union to be my representative?
No. Although a “bargaining unit determination” petition may be filed by a public employee,
only an employer or an employee organization seeking to represent a bargaining unit can
petition for a “representative certification” election. Consequently, an employee interested
in being represented by an employee organization might wish to contact existing
organizations to inquire about their interest in representing a bargaining unit and to discuss
the pros and cons of being represented by that particular organization. Alternatively,
employees willing to invest the time and effort necessary to do so can form their own
employee organization, which could then petition PERB for a bargaining unit determination,
followed by a representative certification election. Employees considering such a do-it-
yourself approach should take the time to familiarize themselves with the detailed
requirements of the statute because becoming the certified representative of a bargaining
unit carries with it legal responsibilities owed to the employees in the unit and involves
substantial time and effort.