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

Single Topic for Decision 2975M

View all topics for Decision 2975M

Full Decision Text (click on the link to view): Full Text

MMBA section 3507.3, which affords professional employees the right to be represented separately from non-professionals, does not necessarily prohibit a mixed unit of professionals and non-professionals, but provides that professional employees placed into such a unit have the right to severance if a union seeks to represent them in a professionals-only unit and demonstrates sufficient proof of support in an initial petition and eventual election. (Santa Clara Valley Water District (2017) PERB Decision No. 2531-M, p. 14.) Thus, units containing both professional and non-professional employees are lawful, but such units are inherently unstable. (pp. 28, 50-53.)