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

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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.)