REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – Efficiency of Operation

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In cases where unit proliferation is at issue, the employer may rely on the adverse impact on its operational efficiency in its unit determination analysis. (Pleasanton Joint School District/Amador Valley Joint Union High School District (1981) PERB Decision No. 169, p. 4.) However, if dismissing the petition effectively denies employees the right to representation, the employer's rejection based on the inappropriateness of the unit is generally warranted only where there is “convincing evidence in support of the . . . claim that efficiency of its operations would be impaired.” (Ibid.) The Board found that the Hospital’s evidence was purely speculative and insufficient to demonstrate concrete operational harm.