REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200) – Bargaining/Representation History
Single Topic for Decision 2788M
Full Decision Text (click on the link to view): Full Text
1309.02000 – Bargaining/Representation History
City reasonably determined that the proposed unit is not appropriate, where the petitioned-for unit would include the City’s 12 unrepresented Police Supervisors, in addition to nearly 80 employees severed from two represented bargaining units. The City reasonably found the positive history of labor relations spanning several decades evidenced a stable collective bargaining relationship weighing against severing classifications from established units.
The City’s determination reflects the principle that severing classifications from an established unit can destabilize negotiating relationships. (Los Rios Community College District (2018) PERB Decision No. 2587, pp. 4-6.) Accordingly, maintaining continuity generally weighs against severance, absent proof that collective negotiations are incapable of addressing the needs of a discrete minority within an existing unit. (Ibid.) Even if the incumbent unions did not achieve bargaining success in every area of concern to non-sworn police personnel, petitioning Association failed to demonstrate that any lack of bargaining success was due to the incumbents’ failure to represent non-sworn personnel interests adequately in relation to other classifications. (State of California (2011) PERB Decision No. 2214-S, p. 9 [severance petitioner required to show that lack of bargaining success resulted from the incumbent unions’ failure to represent adequately the petitioned-for employees].)