REPRESENTATION ISSUES; UNIT MODIFICATION – Initial Representation Procedures and Unit Modification
Single Topic for Decision 2354M
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1310.05000 – Initial Representation Procedures and Unit Modification
In the absence of local rules governing unit determination issues, PERB’s unit modification procedure is the appropriate forum to determine the unit placement of a newly-established classification. The Board considered but declined to adopt private sector authority that recognizes a rebuttable presumption that a newly-created classification resides in the bargaining unit where its primary duties have historically been performed; in this case, the clerical and customer service duties assigned to the new classification were merely incidental to the mechanic classifications in the petitioned-for unit.