REPRESENTATION ISSUES; UNIT MODIFICATION – In General

Single Topic for Decision 1445E


View all topics for Decision 1445E

Full Decision Text (click on the link to view): Full Text

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.01000 – In General

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. Joint filing of a petition for unit modification pursuant to PERB Regulation 32781(c) allows on its face an inference of dissatisfaction with the status quo. Absence of evidence in the record to rebut the inference leads the Board to find adequate evidence of dissatisfaction with incumbent union's representation. Where neither unit would be inappropriate for the continuing education counselors, it is proper to consider the desire of employees in making a determination on a unit modification petition. Requested remedy that continuing education counselors be placed on salary schedule applicable to counselors currently represented by unit in which the Board's order places continuing education counselors denied as the matter is properly addressed through collective bargaining.