REPRESENTATION ISSUES; UNIT MODIFICATION – Accretion, Adding classification(s) to existing unit (PERB jurisdictions)
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1310.07000 – Accretion, Adding classification(s) to existing unit (PERB jurisdictions)
Where a union petitioning for unit modification establishes a community of interest between unrepresented employees and the existing unit, the classification’s history of unrepresented status bears little weight. (See San Joaquin Regional Transit District (2019) PERB Decision No. 2650-P, p. 12, fn. 11; Regents of the University of California (2010) PERB Decision No. 2107-H, pp. 18-23; Hemet Unified School District (1990) PERB Decision No. 820.) Employee relations history is more important when employees have historically been in an established unit—such as when PERB considers a severance petition—because under those circumstances, maintaining continuity weighs against severance absent proof that collective negotiations are incapable of addressing the needs of a discrete minority within an existing unit. (City of Pasadena (2021) PERB Decision No. 2788-M, p. 10; Los Rios Community College District (2018) PERB Decision No. 2587, pp. 4-6.)