REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – In General/Definition of Appropriate Unit
Single Topic for Decision 1098E
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1309.01000 – In General/Definition of Appropriate Unit
The language "all certificated employees excluding those excluded by law" was clearly intended to describe a comprehensive unit. The employer's recognition of the union as "the representative agent for certificated employees, excluding those designated as management, supervisory, and confidential employees" described a unit "which includes all certificated teachers;" pp. 11-12, proposed dec. A unit description that includes "[a]ll certificated personnel paid on an hourly basis" means, obviously, all instructors, paid on an hourly basis, who must have a credential to perform their duties. What is critical is not that the individual holds a credential but that a credential is required for the particular duties that the individual performs; p. 12, proposed dec.