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

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HEERA contains a presumption against splitting occupational groups, but no presumption against splitting classifications. Rather, HEERA requires PERB to consider the impact of dividing a classification. (Regents of the University of California (2025) PERB Order Ad-525-H, pp. 19-22.) PERB’s functional approach means that “keeping an occupational group together can lead to splitting a title or classification.” (Id. at p. 22.) Accordingly, petitioning union could amend its petition to include only Health Educators who serve patients at UC medical centers and exclude Health Educators who serve students and are included in a newly created “Student Services and Advising Professionals” unit represented by a different union. (pp. 13-14.)