REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – Community of Interest

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The Board adopted a proposed decision that concluded that noon duty aides (NDAs) shared a sufficient community or interest with classified employees in a wall-to-wall unit. NDAs are public school employees as per EERA section 3540.1 (j) and may be included in a unit of classified employees for collective bargaining purposes (overruling Castaic Union High School District PERB Decision No. Ad-384).) Significant differences in the wages, hours, and other terms and conditions of employment between two groups of employees does not automatically preclude finding a community of interest, and should not be controlling for determining community of interest, particularly when one group is unrepresented and would therefore be allowed to bargain for different wages, hours and terms and conditions if admitted into the unit.