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

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MMBA section 3507.3 entitles professional employees to be “represented separately from nonprofessional employees by a professional employee organization consisting of those professional employees.” Although the County violated MMBA and its local rules by denying the professional employees included in a severance petition the right to be represented separately from non-professional employees, in the current procedural context, it is not PERB’s province to determine the contours of an appropriate professional unit. Case remanded to the County to decide appropriate unit in accordance with its employee relations resolution, provided that it may not create a unit that forces physicians and dentists or any other professional classification into a unit containing non-professional employees when they have petitioned for representation separate from that unit.