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

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PERB must honor the truism that a rebuttable presumption can be rebutted. Indeed, if the Peralta presumption is not overcome in this case—where there is no evidence that employer efficiency is unduly impaired, the community of interest is not strong, extent of organization weighs heavily toward excluding substitutes, a majority of substitutes performed no work in the school year, and the number of substitutes is almost as high as the number of regular teachers—then parties may have reason to wonder what facts might overcome the presumption. In our view, these facts are sufficient.