REPRESENTATION ISSUES; UNIT MODIFICATION – Accretion, Adding classification(s) to existing unit (PUC transit district units)

Single Topic for Decision 2650P

View all topics for Decision 2650P

Full Decision Text (click on the link to view): Full Text

The transit district enabling acts generally grant employees the right to form bargaining units appropriate for collective bargaining and authorize SMCS to resolve disputes over questions concerning representation (QCR) or whether a particular unit is appropriate. (PERB Reg. 3005 [distinguishing petitions for certification or decertification, which involve a QCR, from those for clarification, in which there is no QCR].) A QCR arises when there is a legitimate doubt whether the union has majority support in the bargaining unit. (NLRB v. Financial Inst. Employees of Am., Local 1182 (1986) 475 U.S. 192, 198.) If a QCR exists, a union must demonstrate majority support among employees to be added to an existing unit. (Teamsters Nat. United Parcel Service Neg. Cmte. v. NLRB (D.C. Cir. 1994) 17 F.3d 1518, 1524.) In contrast, accretion allows employees to be added to an existing unit without an election or other demonstration of majority support. (IBEW Local 889 v. Aubry (1996) 42 Cal.App.4th 861, 872.)