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

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PERB normally bases a community of interest determination on the inherent aspects of a position more so than employment terms and conditions that are changeable through collective bargaining. (Merced City School District (2024) PERB Decision No. 2901, p. 23 (Merced); County of Monterey (2022) PERB Decision No. 2821-M, p. 12 (Monterey); Center Unified School District (2014) PERB Decision No. 2379, p. 10; accord § 3579(a)(1).) The inherent aspects of a position tend to include: employees’ duties, function, and/or common goals (which may result in interchange with other unit employees); supervision; working conditions that are not easily susceptible to change through collective bargaining; qualifications (including skills, education, and training); the extent to which they belong to the same employee organization; and employees’ history of representation. (Govt. Code, § 3579(a)(1); Merced, supra, p. 23; Monterey, supra, PERB Decision No. 2821-M, p. 12.) (pp. 6, fn. 6 & 24.)