PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS – Employer-Created Organizations

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Group is tasked by outside accreditation agency with providing program oversight, creating institutional policies and developing new programs with delegated authority to establish specific policies and procedures concerning the quality of education and the work environment including areas which fall within the scope of representation. Because it did not appear to “interface” with the employer or otherwise participate with or deal with the employer in executing its policymaking, the group is more akin to the groups where “management has delegated actual decision-making authority” and is not an “employee organization” as defined by HEERA section 3562, subd. (f)(1). Employer did not dominate or interfere with formation of any employee organization. Forum is a mode of communication for employees to exchange information on their work environment and other issues. While arguably there may be some discussion of topics within the scope of representation, no evidence was presented showing any discussion between the employees and the employer. Regardless, such discussions would appear to be a “mere discussion with management, rather than making recommendations to management.” As such, the Forum is not an “employee organization” as defined by HEERA section 3562, subd. (f)(1). Employer did not dominate or interfere with formation of any employee organization.