REPRESENTATION ISSUES; SEVERANCE – In General

Single Topic for Decision 1267E

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The Board affirmed the ALJ's decision denying petitioner's severance request. The Board held that petitioner failed to meet the criteria for severance set forth in the Educational Employment Relations Act (EERA), Government Code section 3545. The Board rejected petitioner's argument that National Labor Relations Act (NLRA) precedent compels the Board to maximize employee free choice. The Board held that EERA differs from the NLRA and the intent of the Legislature in enacting EERA compels the Board to find the largest reasonable unit to be the appropriate one. Variant unit must be more appropriate than Sweetwater units based on separate community of interest. History of negotiations must be considered in a severance case along with 3 factors described in the statute. with 3 factors described in the statute.