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

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In Peralta Community College District (1978) PERB Decision No. 77, the Board interpreted EERA section 3545 as creating a statutory presumption that all classroom teachers of a public school employer should normally be included in a single bargaining unit. (Id. at p. 10.) This is known as the “Peralta presumption.” (Alliance College-Ready Public Schools (2023) PERB Decision No. 2879 (Alliance IV), p. 25.) Appellate precedent approves the presumption as a reasonable exercise of PERB's discretion to balance the “seemingly broad mandate” found in EERA section 3545, subdivision (b) with the “more nuanced approach” set forth in EERA section 3545, subdivision (a). (Wu v. Public Employment Relations Bd. (2022) 87 Cal.App.5th 715, 728 (Wu v. PERB).) While a party may rebut the presumption based on the cumulative weight of three factors—community of interest, past practices, and efficient operation standards (Alliance Morgan McKinzie High School et al. (2022) PERB Order No. Ad-491, p. 16)—the party opposing a comprehensive classroom teachers’ unit has the burden of proving that a different unit is more appropriate (Wu v. PERB, supra, 87 Cal.App.5th at p. 728; St. HOPE Public Schools (2018) PERB Order No. Ad-472, pp. 4-5 (St. HOPE)). Here, the Board finds that the preschool teachers are classroom teachers. As such, the District has the burden of proving that the preschool teachers do not share a community of interest with the other employees in the bargaining unit, that such employees do not belong to the same employee organization, and that a separate unit would not negatively affect the efficient operation of the district.