REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – PUC Transit District Units

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The third craft severance factor in transit district cases examines whether the severance-seeking group has maintained a separate identity within the larger unit, and the extent of their participation in establishing and maintaining existing representational structure. This includes consideration of the similarity of terms and conditions of employment between the proposed and existing units, as well as any transfers or interchange between those units’ positions. (p. 29.) The participation of petitioned-for employees in general unit representation matters indicates they’ve not sought to maintain a separate identity, though this conclusion may be inconclusive where there is an absence of interchange between the classifications and they share similar and dissimilar terms and conditions of employment. (p. 30.)