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

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Local rules adopted by MMBA employers often state that the principal criterion for unit determinations is whether the unit proposed contains the broadest feasible grouping of positions that share an identifiable community of interest. Common subordinate factors include: (a) which unit will assure employees the fullest freedom in the exercise of rights; (b) the history of employee relations, in the unit, among other employees of the employer, and in similar public employment; (c) the effect of the unit on the efficient operation of the employer, and sound employer-employee relations; and (d) community of interest, including extent to which employees have common skills, working conditions, job duties, or similar educational requirements. A local rule requiring the broadest feasible grouping prevents undue unit proliferation and fragmentation. Because these criteria are akin to the statutory criteria under EERA section 3545(a), it is proper to rely on PERB precedent interpreting EERA and other PERB-administered acts when interpreting an MMBA employer’s local rules. (pp. 22-24.)