REPRESENTATION ISSUES; UNIT MODIFICATION – In General

Single Topic for Decision A342H

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* * * OVERRULED by Regents of the University of California (2010) PERB Decision No. 2107-H, where the Board held that the amount of time classifications have been excluded from bargaining unit has no bearing on whether excluded classifications should be added to an established unit pursuant to a unit modification petition. * * *

In clarifying unit, the Board found students excluded from Unit 3 if they are degree-seeking graduate students, in the academic department in which they are employed to perform instruction and that they are employed because they are seeking a degree in that department. Union may not use unit clarification process to include classifications in its unit that have been excluded for substantial periods of time.