REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – In General/Definition of Appropriate Unit

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PERB’s task when considering a petition for representation is to determine whether the petitioned-for unit is appropriate based on the facts present when the petition is filed. (Alliance I, supra, PERB Decision No. 2719, p. 27, fn. 27, citing Children of Promise, supra, PERB Order No. Ad-402, p. 14.) The “petitioning union is not required to seek to represent only the ‘most appropriate unit.’” (Id. at p. 24, citing San Joaquin County Office of Education (2004) PERB Decision No. JR-21, p. 4; Antioch Unified School District (1977) EERB Decision No. 37, p. 3.) When performing this inquiry, we must weigh and balance the statutory criteria to achieve consistency of application and the general objectives of EERA. (Alliance I, supra, PERB Decision No. 2719, p. 24, citing Antioch Unified School District, supra, EERB Decision No. 37, p. 3; Marin Community College District (1978) PERB Decision No. 55.) (pp. 15-16.)