REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – In General/Definition of Appropriate Unit
Single Topic for Decision A361M
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1309.01000 – In General/Definition of Appropriate Unit
PERB must consider whether a public agency’s unit appropriateness determination is reasonable. Local government employer does not have to find the most appropriate unit. The MMBA requires only that the unit be appropriate. PERB has also rejected the most appropriate unit standard under EERA. The party challenging a unit determination decision has the burden to demonstrate the decision was unreasonable. The union has not provided facts to establish the city’s unit determination was not reasonable.