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

Single Topic for Decision 2821M

View all topics for Decision 2821M

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

There is always variation between any two classifications in a bargaining unit, and such variation does not defeat community of interest if there are sufficient countervailing commonalities. (County of Santa Clara (2019) PERB Decision No. 2670-M, p. 30; San Joaquin Regional Transit District (2019) PERB Decision No. 2650-P, pp. 17-18.) Commonalities among critical employment characteristics between per diem and regular employee registered nurses and nurse practitioners outweighed differences by a wide margin. The sole characteristics distinguishing per diem and regular registered nurses (RN) and nurse practitioners (NP) related to scheduling, compensation, and job protections. Such typically bargainable distinctions do not overcome commonalities in characteristics that are less likely to be subject to bargaining, particularly where the per diem and regular classifications have the same education, skill, and licensure requirements, as well as the same duties. (pp. 12-15.)