REPRESENTATION ISSUES; UNIT MODIFICATION – Accretion, Adding classification(s) to existing unit (PERB jurisdictions)
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1310.07000 – Accretion, Adding classification(s) to existing unit (PERB jurisdictions)
A unit modification petition must satisfy the community of interest analysis, and PERB must only identify an appropriate unit, not the most appropriate unit. (Regents of University of California v. Public Employment Relations Bd. (2020) 51 Cal.App.5th 159, 182.) However, in case where competing union proposed unit configurations that would be appropriate for Math Fellows, PERB balanced the criteria in HEERA section 3579 to determine which proposal is most appropriate. The Board did not remand for an evidentiary hearing because there were sufficient undisputed facts that the remaining disputed facts would not be dispositive. (See, e.g., Los Angeles County Metropolitan Transportation Authority (2024) PERB Decision No. 2916a-T, pp. 6-7 [discussing how a Board agent should decide whether an evidentiary hearing is necessary].) (pp. 8, 19-20.)