PARTIES; DEFINITIONS; WHO IS AN EMPLOYER? – Joint Employer, Single Employer, and Alter Ego Doctrines

Single Topic for Decision 1839H

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* * * OVERRULED IN PART ON OTHER GROUNDS by County of Kern & Kern County Hospital Authority (2019) PERB Decision No. 2659-M. * * *

While the corporation may have some overlap in management, as CSU officers serve on the Corporation’s Board of Directors and its executive director is appointed by the CSU president and they have shared purposes, i.e., providing student housing, there was no common ownership between the two entities. As such, the Corporation was not either an alter ego or a single employer with CSU. CSU and the Corporation are not joint employers as there is no evidence that CSU participated in the financing or construction of the project, hiring of its employees or its employment policies or practices. Auxiliary organizations are generally not considered public employers nor are they subject to PERB’s jurisdiction.