REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – In General/Definition of Appropriate Unit
Single Topic for Decision A079S
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1309.01000 – In General/Definition of Appropriate Unit
Proper scope of unit determination proceeding is employees who are to be included in designated units. It is unnecessary to address the contention that the Board is without jurisdiction to designate an employee as managerial, confidential, or supervisory in order to formulate appropriate units, as such an inquiry would concern matter not in controversy; pp. 2-3. Burden in unit determination proceeding is on party seeking exclusion of employees from units to justify the exclusion; p. 2. Burden of justifying exclusion in unit determination proceeding can be met by showing evidence of actual job requirements which disqualify the employee from placement in representation units, irrespective of which exclusionary category those employee may fit; p. 2.