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

Single Topic for Decision 2650P

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Under California public transit district law standard, the hearing officer erred in finding that the transit ambassador (TA) classification had been historically excluded from the unit. The TA classification did not exist at the time the unit was certified. The evidentiary record was insufficient for the Board to determine exactly when the TA classification came into existence relative to the effective date of the then-current agreement. There was no evidence that the union clearly and unmistakably waived its right to file a unit clarification petition with SMCS when TA unit placement was not resolved during bargaining. The evidence thus did not establish that the TA classification had been historically excluded from the unit under California transit law.