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

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1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.03000 – Community of Interest

PERB rejects a formalistic approach to unit determination. The mere fact that an employee does not work a particular number of days or percentage of time does not, in and of itself, indicate that the employee does not share a community of interest with other unit members. Employees belong in bargaining unit if they have a reasonable expectation of continuing employment. There is a clear distinction between voter eligibility and unit membership eligibility. PERB generally includes employees in a bargaining unit regardless of how few hours they may work in a year but limits who decides whether to ben exclusively represented and if so by whom. PERB therefore does not use the "established interest formulaā€¯ in assessing eligibility for unit membership. Substitute employees should be included in the bargaining unit, but the "established interest formula'' is the threshold for eligibility to participate in an election.