REPRESENTATION ISSUES; UNIT MODIFICATION – Accretion, Adding classification(s) to existing unit (PERB jurisdictions)

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PERB has explicitly rejected applying the “overwhelming community of interest” standard to petitions to accrete unrepresented employees. (Regents of the University of California (2017) PERB Order No. Ad-453-H, p. 5; cf. Frontier Telephone of Rochester, Inc. (2005) 344 NLRB 1270, 1271.) Community of interest is determined by the totality of circumstances. (Monterey Peninsula Community College District (1978) PERB Decision No. 76, p. 13.) In determining whether a community of interest exists, we do not “go[] down a check list” of these factors but rather ascertain whether employees share a substantial mutual interest in matters subject to meeting and negotiating. (Ibid.) PERB has consistently declined to give significance in the community of interest analysis to differences in wages, benefits, and other terms and conditions of employment that are primarily controlled by the employer and may be changed through collective bargaining. (Santa Clara County Office of Education (1990) PERB Decision No. 839, p. 2 and adopting proposed decision at p. 12.)