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

Single Topic for Decision 2667P

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Under federal law, and thus in transit district cases, the determination of whether a group of skilled craft workers should be severed from an existing bargaining unit is guided by balancing competing interests: (1) those in maintaining industrial stability and system-wide bargaining units against (2) those in the opportunity to break away from a historical unit by a vote for separate representation. (p. 21.) The goal is to ensure that craft employees’ interests do not predominate without affording a voice in the decision to other unit employees, whose collective strength is weakened by a successful severance. (Ibid.) Thus, the party seeking severance must meet a heavy burden. (Id.)