REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – In General/Definition of Appropriate Unit
Single Topic for Decision 1267E
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1309.01000 – In General/Definition of Appropriate Unit
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 (NRLA) 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.