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

Single Topic for Decision 2667P


View all topics for Decision 2667P

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

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.15000 – PUC Transit District Units

In transit district cases, PERB will consider the following factors drawn from federal law to determine, on a case-by-case basis, whether craft severance is appropriate: (1) the character of the proposed unit, specifically whether it consists of a distinct and homogenous group of skilled journeymen craftsmen; (2) the history of collective bargaining between the employees at issue and the employer as a whole; (3) whether the petitioned-for employees have maintained a separate identity within the larger existing unit; (4) the history and pattern of collective bargaining in the industry involved; and (5) the degree to which the skilled craft workers are part of an integrated production process. (pp. 21-22.) Each of the federal factors is considered in concert with PERB’s preference for system-wide bargaining units in PUC transit districts. (p. 23.)