REPRESENTATION ISSUES; UNIT MODIFICATION – In General

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Community of interest is not determinative of unit modification petition because 2 separate employers are present. Meaningful negotiation can only occur where the employer has the authority and ability to reach agreement with the duly selected representative of its employees about those matters within the scope of representation. It is the separate economic status of each district, coupled with the exclusive policy-making authority of each district, which determines its ability to negotiate about those matters within the scope of negotiations. Since the employees of the District and County Superintendent were found to be employees of two separate public school employers, and not a single or joint employer, it was not possible to find that they comprise a single appropriate bargaining unit, and inclusion of the employees of both employers in a single unit was not appropriate under the Educational Employment Relations Act.