REPRESENTATION ISSUES; SEVERANCE – In General

Single Topic for Decision A532M

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In Fresno Unified School District (2025) PERB Order No. Ad-531, PERB found that a severance petition under EERA must seek to establish a new unit of employees “carved out” of an existing bargaining unit. (Id. at p. 10.) In contrast, severance may not be used “to transfer [] one group of employees from an existing bargaining unit to another existing unit.” (Ibid.) The Board based this decision on the historical understanding of severance petitions under PERB jurisdiction and in the private sector (id. at p. 6), the plain language of PERB Regulation 33700, which governs severance petitions under EERA (id. at pp. 7-9), and the criteria used to decide severance petitions, which are not compatible with a request to transfer employees between existing units (id. at pp. 9-11).