REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – Bargaining/Representation History

Single Topic for Decision 1445E

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Where current unit configuration, voluntarily established by the parties, does not coincide with Board decisions, but separates college counselors and faculty from continuing education counselors and faculty into two units, the units are not presumptively appropriate. Where units are not presumptively appropriate, and would not become so if the unit modification petition were granted, the petition is judged by whether the proposed unit is an appropriate unit. Voluntary establishment of wall-to-wall unit from which joint petitioners seek to remove continuing education counselors negates at least a portion of the deference the negotiating history would otherwise be afforded, therefore unlike the hearing officer, the Board does not rely on the negotiating history to "tip the scale" in favor of dismissing the petition.