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

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Although employees’ history of representation can be an important community of interest factor, it bears little weight for a group that has never been represented. (County of Monterey (2022) PERB Decision No. 2821-M, p. 18 (Monterey); San Joaquin Regional Transit District (2019) PERB Decision No. 2650-P, p. 12, fn. 11; Regents of the University of California (2010) PERB Decision No. 2107, pp. 18-23; Hemet Unified School District (1990) PERB Decision No. 820.) Employees’ history of representation “is more important when employees have historically been in an established unit—such as when we consider a severance petition—because under those circumstances, maintaining continuity weighs against severance absent proof that collective negotiations are incapable of addressing the needs of a discrete minority within an existing unit.” (Monterey, supra, pp. 18-19; City of Pasadena (2021) PERB Decision No. 2788-M, p. 10; Los Rios Community College District (2018) PERB Decision No. 2587, pp. 4-6.) (p. 25, fn. 12.)