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

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It is settled principle that federal law and practice are generally relevant to unit determinations under the PUC transit enabling acts, except where: “(1) the question presented is governed by an explicit provision of the applicable transit district statute or (2) considerations unique to public sector labor relations require a deviation from federal law.” (San Joaquin Regional Transit District (2019) PERB Decision No. 2650-P, p. 8.) Pursuant to this standard, “whether federal law is relevant will depend upon the particular circumstances of each case.” (Ibid.) Nevertheless, the requirement to follow “relevant” federal law “does not demand slavish adherence” to it. (Santa Clara Valley Transportation Authority v. Rea (2006) 140 Cal.App.4th 1303, 1320. (pp. 5, 14.)