PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS – Employer-Created Organizations

Single Topic for Decision 0650E

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An organization named the Classified Employees Council (CEC) was an employee organization under EERA section 3540.1(d) even where it purported not to involve itself in collective bargaining or represent employees in grievance procedures where it: had as its stated purposes "to provide an avenue of representation for the classified (unit) employee, provide the classified staff with a representative body to act in its behalf in determining the need for, and in the formation of, policies in all matters affecting the welfare of the college and the classified employees, and to provide the administration of the college with . . . suggestions of the classified staff;" made recommendations to the administration, some of which were implemented and affected unit members (reorganization of staff, combining of duties and positions, etc.); at governing board meetings, endorsed tentative collective bargaining agreements between the combining of duties and positions, etc.); at governing board meetings, endorsed tentative collective bargaining agreements between the having managerial responsibilities (e.g., hiring committee, etc.); had formal organization with a constitution, by-laws, and elected officers; held regular meetings and kept minutes; and gave input to the employer on negotiable matters. Groups to which management delegates actual decision-making authority are not "employee organizations" under the Act.