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

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* * * OVERRULED by Stats. 2011, ch. 674 (A.B. 501), § 1, and Center Unified School District (2014) PERB Decision No. 2379, which provide that non-classified, non-certificated noon duty aides are included in EERA’s definition of “public school employee” even though the Education Code expressly excludes such employees from the definition of “classified service.” * * *

Board agent erred in relying solely on prior PERB decisions that placed part-time playground positions in classified employee bargaining unit. There was no evidence in the record to establish a community of interest between noon-duty aide positions named in unit modification petition and school district’s classified employees.