REPRESENTATION ISSUES; UNIT MODIFICATION – In General

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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 formula” 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.