REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – In General/Definition of Appropriate Unit

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PERB’s task when considering a petition for representation is to determine whether the petitioned-for unit is appropriate based on the facts present when the petition is filed. (Alliance Judy Ivie Burton Technology Academy High, et al. (2020) PERB Decision No. 2719 (Alliance I), p. 27, fn. 27.) The petitioning union is not required to seek to represent only the “most appropriate unit.” (Id., p. 24.) When performing this inquiry, PERB must weigh and balance the statutory criteria to achieve consistency of application and the general objectives of EERA. (Id., p. 24, citing Antioch Unified School District (1977) EERB Decision No. 37, p. 3; Marin Community College District (1978) PERB Decision No. 55, pp. 15-16.)