REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – Bargaining/Representation History
Single Topic for Decision A472E
Full Decision Text (click on the link to view): Full Text
1309.02000 – Bargaining/Representation History
The OGC’s over-emphasis on the traditional community of interest factors prevented the AD from giving proper weight to the fact that the organizing campaign took place almost exclusively among the regular staff, a majority of whom supported SCTA as their exclusive representative. In other words, the AD did not comply with Peralta and EERA section 3545, subdivision (a), which requires the Board to consider established practices, including the extent to which employees in the requested unit have organized themselves into a coherent bargaining unit. In our view, particularly given that day-to-day substitutes’ community of interest with the rest of the unit was weaker than average, the evidence regarding extent of organization is sufficient to tip the analytical balance, rebut the presumption favoring a comprehensive unit, and demonstrate the appropriateness of the requested unit.