REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – In General/Definition of Appropriate Unit
Single Topic for Decision 2397E
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1309.01000 – In General/Definition of Appropriate Unit
The threshold question in bargaining unit cases under EERA will always be whether the positions in question are certificated or classified within the definitions of those terms found in the Education Code. The rebuttable presumption described in Peralta Community College District (1978) PERB Decision No. 77 that all classroom teachers are appropriately placed in the same bargaining unit comes into play only after it is determined the positions are certificated. (EERA, § 3545(b)(3).