All notes for Subtopic 1308.01000 – In General
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| A442E | Los Rios Community College District 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General PERB follows the same severance principles irrespective of whether the petitioning party is an incumbent union that already represents one or more bargaining units. more or view all topics or full text. | 41 | 82 | 10/26/16 |
| A497M | City and County of San Francisco 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General MMBA section 3507, subdivision (a) authorizes public agencies to “adopt reasonable rules and regulations after consultation in good faith with representatives of a recognized employee organization or organizations for the administration of employer-employee relations.” Such local rules may include provisions for, among other things, recognizing employee organizations and determining appropriate bargaining units. (MMBA, § 3507, subd. (a)(3), (4); County of Monterey (2022) PERB Decision No. 2821-M, p. 9.)When a public agency has adopted local rules, PERB has jurisdiction over a representation petition only if the agency’s local rules contain no reasonable provision(s) that can accomplish what the petitioner is seeking without placing an undue burden on the petitioner. (County of Orange (2010) PERB Decision No. 2138-M, p. 9.) “[I]f an agency has not adopted a reasonable local rule on a particular representation issue, PERB Regulations fill the gap” by allowing PERB to process the petition. (Central Basin Municipal Water District (2021) PERB Order No. Ad-486-M, p. 8; MMBA, § 3509, subd. (a); PERB Reg. 61000.) The Board found the City’s ERO provides no avenue for processing a severance request without unduly burdening a petitioner, finding that PERB had jurisdiction over the petition, but dismissing it due to untimeliness. (pp. 16-22; 29-30.) more or view all topics or full text. | 47 | 74 | 10/17/22 |
| 2788M | City of Pasadena 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General While a severance petitioner has the burden of proving its proposed unit is an appropriate unit, it need not demonstrate that its proposed unit is “the ultimate unit or the most appropriate unit.” (City of Glendale (2021) PERB Decision No. 2773-M, p. 26, citing City of Lodi (2010) PERB Decision No. 2142-M, adopting proposed decision at p. 10; Alameda County Assistant Public Defenders Assn. v. County of Alameda (1973) 33 Cal.App.3d 825, 830 (Alameda); County of Orange (2016) PERB Decision No. 2478-M, adopting proposed decision at p. 8.) To meet its burden, a severance petitioner must show that the proposed unit has a community of interest separate and distinct from other employees in the existing bargaining unit. (Alameda, supra, 33 Cal.App.3d at p. 831; Glendale, supra, PERB Decision No. 2773-M, p. 27.)However, if the existing bargaining unit was certified by PERB, the severance petitioner must show that the proposed unit is “more appropriate” than the existing unit. (Glendale, supra, PERB Decision No. 2773-M, p. 27, fn. 14.) more or view all topics or full text. | 46 | 61 | 09/01/21 |
| 2788M | City of Pasadena 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General PERB applies its own Regulations regarding severance, decertification, or unit determination if an MMBA employer either has no applicable rule on such a topic or has adopted an unreasonable rule. (Central Basin Municipal Water District (2021) PERB Order No. Ad-486-M, p. 8.) more or view all topics or full text. | 46 | 61 | 09/01/21 |
| 2773M | City of Glendale 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Although the City Manager’s analysis in the unit determination was not extensive in every instance, the City’s unit determination was sufficiently reasoned and explained, and consistent with the Meyers-Milias-Brown Act and the Employee Relations Ordinance. (p. 37.) more or view all topics or full text. | 46 | 11 | 06/28/21 |
| 2773M | City of Glendale 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General While a severance petitioner has the burden of proving its proposed unit is an “appropriate unit,” it need not demonstrate that its proposed unit is “the ultimate unit or the most appropriate unit.” Most importantly, however, a severance petitioner must show that the proposed unit has a community of interest “separate and distinct” from other employees in the existing bargaining unit. However, when the existing bargaining unit was certified by PERB, the severance petitioner must also show that the proposed unit is “more appropriate” than the existing unit. (pp. 26-27 & fn. 14.) more or view all topics or full text. | 46 | 11 | 06/28/21 |
| 2667P | San Diego Metropolitan Transit System 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General In craft unit severance cases, the history of collective bargaining of the employees at issue and the employer as a whole must be examined, “with emphasis on whether the existing patterns of bargaining are productive of stability in labor relations, and whether such stability will be unduly disrupted by the destruction of the existing patterns of representation.” (p. 26.) A recent change in the bargaining representative does not necessarily destabilize the existing relationship between the bargaining unit and employer. There must be some showing that the decertification resulted not from general dissatisfaction with the incumbent union, but from dissatisfaction among the skilled craft employees specifically. (p. 27.) more or view all topics or full text. | 44 | 60 | 09/06/19 |
| 2667P | San Diego Metropolitan Transit System 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Inadequate representation of the group seeking severance is unlikely to be found where employees in the proposed unit have participated in internal union affairs and in contract negotiations as part of the existing unit. (p. 28.) more or view all topics or full text. | 44 | 60 | 09/06/19 |
| 2667P | San Diego Metropolitan Transit System 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Employee preference alone is not sufficient to justify severance of a separate bargaining unit. PERB must determine based on the totality of the evidence presented at the hearing whether severance of the requested unit is appropriate. (pp. 33-34.) more or view all topics or full text. | 44 | 60 | 09/06/19 |
| 2587E | Los Rios Community College District 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Severance petition denied where association sought to create a new bargaining unit by severing three police department classifications from the larger support services unit. Under Sweetwater Union High School District (1976) EERB Decision No. 4 (Sweetwater), there are three presumptively appropriate bargaining units for classified employees of school districts, including inter alia an operations-support services unit. Petitioner did not meet its burden of showing that the proposed campus police officers unit is more appropriate than the presumptively appropriate Sweetwater support services unit. more or view all topics or full text. | 43 | 61 | 10/02/18 |
| 2587E | Los Rios Community College District 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General In determining unit appropriateness when assessing severance petition, following factors considered: community of interest among employees, efficiency of employer operations, and established practices, including both negotiating history and the extent to which employees belong to the same employee organization. Gov. Code, § 3545, subd. (a). Negotiating history is of particular importance when considering a severance request, as “a stable negotiating relationship will not be lightly disturbed.” (Livermore Valley Joint Unified School District (1981) PERB Decision No. 165, p. 6.) more or view all topics or full text. | 43 | 61 | 10/02/18 |
| 2587E | Los Rios Community College District 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General In seeking to divide a presumptively appropriate Sweetwater unit, the petitioner must show that there has been a change of circumstances sufficient to justify a variation of an established unit. (Los Angeles Unified School District (1993) PERB Order No. Ad-250, p. 6.) more or view all topics or full text. | 43 | 61 | 10/02/18 |
| 2587E | Los Rios Community College District 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General A petitioner seeking to sever classifications from an existing unit must show not only that the group to be severed has a community of interest among themselves, but must also establish that their community of interest is not shared with the larger group. (Oakland Unified School District (2001) PERB Decision No. 1464, adopting proposed decision at p. 21.) more or view all topics or full text. | 43 | 61 | 10/02/18 |
| 2587E | Los Rios Community College District 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General “Efficiency of operations” criterion militates against severance only if there is concrete evidence that an employer’s operational efficiency will be unduly impaired by an additional set of negotiations. (Long Beach Community College District, (1999) PERB Decision No. 1315, adopting proposed decision at p. 12; Livermore Valley Joint Unified School District (1981) PERB Decision No. 165, p. 8.) more or view all topics or full text. | 43 | 61 | 10/02/18 |
| A464M | San Diego Metropolitan Transit System * * * PUC TRANSIT CASE. PERB DECISION NUMBER CONTAINS INCORRECT LETTERING, AS CASE DID NOT ARISE UNDER MMBA * * * 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Under PERB Regulation 93005, which applies to Public Utilities Code transit districts, a petition through which an employee organization seeks to become the representative of an existing unit or of a smaller severed unit, is a petition for certification, not decertification, and is permitted. more or view all topics or full text. | 42 | 149 | 05/15/18 |
| 2478M | County of Orange 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General County violated MMBA section 3507.3 and its local rule when it denied severance petition filed by employee organization seeking to represent a unit comprised solely of health care professionals. more or view all topics or full text. | 40 | 163 | 04/08/16 |
| A399M | City of Vallejo 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Since the employer has not adopted a local rule that provides a severance process, pursuant to PERB Regulation 61000, PERB will conduct representation proceedings in the above-referenced matter, and PERB regulations on the filing of a severance petition under MMBA apply. PERB strictly enforces the window period governing severance petitions under PERB Regulations 61400(b) and 61010. A severance petition must be accompanied by proof of at least 30 percent support of the employees in the unit claimed to be appropriate, and deficiencies in proof of support may not be cured by a filing after the close of the window period. A severance petition must be dismissed when the petition is filed after the close of the window period as defined at PERB Regulation 61010, and is, therefore, not filed in accordance with PERB Regulation 61400(b). A severance petition must be dismissed when proof of support for the petition is filed with PERB after the close of the window period, or when a timely filed proof of support contains deficiencies that are not corrected until after the close of the window period. more or view all topics or full text. | 37 | 205 | 04/12/13 |
| A390M | City of Inglewood 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General PERB has authority to conduct representation proceedings for parties subject to the MMBA in such cases where a public agency has not adopted local rules under which severance could be achieved without placing an undue burden on petitioner; Board dismissed a severance petition for lack of jurisdiction where notwithstanding fact that local rules did not provide for a “severance” proceeding, severance could be, and has been, achieved under local rules for establishing a recognized employee organization of an appropriate bargaining unit; under PERB procedures, severance and certification processes have similar requirements and purposes in that both processes are designed to allow an employee organization to become the recognized employee organization of an appropriate bargaining unit, and only difference is that the certification process is used to create a new bargaining unit of unrepresented employees whereas the severance process is used to create a bargaining unit of employees already members of an existing bargaining unit; where public agency’s local rules for establishing a recognized employee organization makes no distinction between whether the employees in the proposed unit are unrepresented or whether they are part of an existing barraging unit, local rule is one under which severance could be achieved and PERB has no jurisdiction to entertain the petition. more or view all topics or full text. | 36 | 53 | 09/28/11 |
| 2252M | County of Calaveras 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Employer did not violate MMBA by approving mixed unit of peace officer and non-peace officers requested in severance petition. While MMBA section 3508(a) grants peace officers the affirmative right to join or participate in peace officer-only units, nothing in that section requires peace officers to exercise this right nor prohibits them from being in mixed units if they so choose. MMBA section 3508(d) prohibits a public agency from restricting the right of employees to join and participate in the activities of employee organizations. Local rule limiting the ability of peace officer employees to select representation in a mixed unit with non-peace officer employees is inconsistent with MMBA section 3508(a) and (d), and is an unreasonable local rule that cannot be enforced to preclude mixed unit requested in severance petition. County also did not violate MMBA and local rules when it selected retired mediator as neutral third party to supervise election. more or view all topics or full text. | 36 | 158 | 04/18/12 |
| 2214S | State of California (Peace Officers of California and California Statewide Law Enforcement Association) 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Under the Dills Act, PERB is not compelled by law to form peace officer-only units, and peace officer employees do not have the statutory right to belong to a peace officer-only unit unless and until PERB designates positions or classes of positions whose primary duties involve the enforcement of state laws. Under the Dills Act, when a petition is filed to sever a unit from a larger, presumptively appropriate unit, the burden is on the petitioner to show that the requested unit is more appropriate. more or view all topics or full text. | 36 | 76 | 11/01/11 |
| 2142M | City of Lodi 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General MMBA section 3507(a) provides that a local public agency may adopt reasonable rules and regulations for the administration of employer-employee relations, and such rules may include the exclusive recognition of employee organizations formally recognized pursuant to a vote of the employees of the agency or an appropriate unit thereof, subject to the right of an employee to represent himself or herself as provided in MMBA section 3502. While a severance petitioner has the burden of proving its proposed unit is an appropriate unit, it need not demonstrate that its proposed unit is the ultimate unit or the most appropriate unit. Rather, a petitioner must show that the proposed unit has a community of interest that is separate and distinct from other employees within the existing bargaining unit. more or view all topics or full text. | 34 | 169 | 11/16/10 |
| 2178S | State of California (Information Technology Bargaining Unit 22 and Service Employees International Union Local 1000/California State Employees Association) 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General State information technology employees do not share a community of interest separate and distinct from the rest of existing State Bargaining Unit 1, and that the history of representation requires severance of these employees in a separate bargaining unit. Petitioner has not rebutted presumption that the existing unit is more appropriate than the proposed unit. Petitioner also failed to establish that a conflict of interest exists between the interests of information technology employees and non-information technology employees that precludes it from effectively representing both groups. more or view all topics or full text. | 35 | 81 | 05/23/11 |
| A388E | Victor Valley Community College District 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Severance petition denied where association sought to create a bargaining unit comprised of most, but not all, Campus Police Officers and Campus Reserve Police Officers. Board found a community of interest between employees proposed to be included in the new unit and those in the existing unit. The record reflects minor differences in duties and training that were not significant enough to negate a finding of community of interest. Additionally, the Board held that the proposed unit would adversely affect the efficiency of operations of the employer because it would cause the employer to negotiate the working conditions of the same job classification with two different unions. more or view all topics or full text. | 34 | 172 | 11/18/10 |
| A386M | County of Orange 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Under the MMBA, PERB has jurisdiction over a representation petition only when an agency’s local rules contain no provision that can accomplish what the petitioner is seeking without placing an undue burden on the petitioner. Because a county’s local rule governing unit modification provided the functional equivalent of a unit severance rule and did not unduly burden the petitioning union, PERB lacked jurisdiction over the severance petition. more or view all topics or full text. | 34 | 157 | 10/25/10 |
| 2138M | County of Orange 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Under the MMBA, PERB regulations will apply only when the agency’s local rules contain no provision that can accomplish what the petitioner is seeking without placing an undue burden on the petitioner. Because a county’s local rule governing unit modification provided the functional equivalent of a unit severance rule and did not unduly burden the petitioning union, the local rule, and not PERB regulations, applied to the union’s severance petition. more or view all topics or full text. | 34 | 156 | 10/25/10 |
| A367S | State of California (Information Technology Bargaining Unit 22 and Service Employees International Union Local 1000/California State Employees Association) 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Under PERB’s severance petition rules, the first step to establish such a unit of employees is to file a severance petition which is accompanied by proof of majority support in the unit claimed to be appropriate. (PERB Reg. 40200(a) and (b).) This proof of support is defined by PERB Regulation 32700. PERB Regulation 32700’s provisions specify that the proof of support must demonstrate that the employee desires to be represented by the employee organization and what information must be provided as to each employee signing the proof of support. There is no language in these proof of support regulations or any PERB rules governing severance petitions which provides that this demonstration of an employee’s desire to be represented may be controverted by a showing that the employee has subsequently withdrawn his or her support. Because no PERB regulations exist authorizing the use of signature revocations, we find that the Board agent improperly accepted the exclusive representative’s authorization revocation cards to determine if the proposed unit had proof of majority support. We hold that the Board agent erred as a matter of law when he determined that PERB’s approval of revocation cards in Antelope Valley applied to the revocation cards submitted by the exclusive representative thereby authorizing them to be used to offset signatures on the proposed unit’s Dills Act severance petition. We further find that no procedures have been enacted under the Dills Act which provide employees with a right to revoke their signatures on a severance petition, thus there was no legal basis to accept the exclusive representative’s revocation cards. more or view all topics or full text. | 31 | 154 | 11/06/07 |
| A330E | Wheatland Elementary School District 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Bus driver unit that did not include mechanic and maintenance work not appropriate for severance from wall to wall unit even given employee dissatisfaction with incumbent. more or view all topics or full text. | 28 | 43 | 12/31/03 |
| 1429E | Lodi Unified School District 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Request for severance denied where evidence failed to support finding that information Services Department employees have a separate and distinct community of interest from other professional and technical employees of District. Like information service employees, other professional and technical employees are required to have college education and/or advanced training, work flexible schedules, and are required to travel from a central work location to other work sites. Also, the information services employees lack common supervision and have frequent work-related interaction with other classified employees. Service of the severence request adequate under Regulation 32140 and 33015 where employee in the unit signed the proof of service. No evidence that the employee was a authorized representative of the requesting party. more or view all topics or full text. | 25 | 32055 | 04/30/01 |
| 1464E | Oakland Unified School District 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Severance request denied where while psychologists share a community of interest, record did not support a finding it separate and distinct from that shared with other certificated employees. Though employee dissatisfaction was understandable and arguably warranted, it was not enough to justify a separate unit. Since the Board had established the existing unit through a Board decision, the burden was on Petitioner to show its proposed unit was more appropriate. The Board has consistently held that pupil services classifications such as psychologists and nurses are appropriately included with other certificated employees. While bargaining history must be considered in a severance case, it is but one factor to consider. more or view all topics or full text. | 26 | 33002 | 10/04/01 |
| 1315E | Long Beach Community College District and Long Beach Comjunity College Police Officers Association and California School Employees Association 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General When a petition is filed to sever a smaller unit from a presumptively appropriate Sweetwater unit, the burden is on the petitioner to show that the requested unit is more appropriate. Here the existing unit is not a Sweetwater unit, therefore the standard is whether it is an appropriate unit; p. 10, proposed dec. To determine whether it is appropriate to sever a unit of security officers from the established wall-to-wall classified bargaining unit requires balancing community of interest criteria, the efficient operations of the district, and negotiating history factors in light of the Board's decision in Sacramento City Unified School District (1977) EERB Decision No. 30; p. 9, proposed dec. A unit of college safety officers is found to be appropriate for meeting and negotiating, since: (1) college safety officers share a community of interest separate and distinct from the remainder of the classified bargaining unit; (2) there was no evidence that efficiency of operations would be impaired; and (3) the Board has held that an employer is entitled to a separate unit of security officers; p. 14, proposed dec. The long-standing negotiating history is but one factor to be considered and, in this case, it is given less deference than if the established unit were a presumptively appropriate Sweetwater unit; p. 14, proposed dec. more or view all topics or full text. | 23 | 30064 | 02/09/99 |
| A181S | State of California (Department of Personnel Administration) (California Union of Safety Employees and California State Peace Officers Association) 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Board denies request for stay of processing of severance petition during appeal of administration determination finding petition timely; pp. 1-2. more or view all topics or full text. | 13 | 20101 | 05/12/89 |
| 1267E | Los Angeles Unified School District and Busdrivers Association for Unity and Service Employees International Union Local 99 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General The Board affirmed the ALJ's decision denying petitioner's severance request. The Board held that petitioner failed to meet the criteria for severance set forth in the Educational Employment Relations Act (EERA), Government Code section 3545. The Board rejected petitioner's argument that National Labor Relations Act (NLRA) precedent compels the Board to maximize employee free choice. The Board held that EERA differs from the NLRA and the intent of the Legislature in enacting EERA compels the Board to find the largest reasonable unit to be the appropriate one. Variant unit must be more appropriate than Sweetwater units based on separate community of interest. History of negotiations must be considered in a severance case along with 3 factors described in the statute. with 3 factors described in the statute. more or view all topics or full text. | 22 | 29106 | 06/16/98 |
| 1110E | Temple City Unified School District 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General In a severance case where the petitioned-for unit is consistent with Sweetwater, the burden is on the parties opposing it to establish that the wall-to-wall unit presently in existence is more appropriate; p. 6. more or view all topics or full text. | 19 | 26113 | 06/22/95 |
| 1025S | State of California (Department of Personnel Administration) (American Federation of State, County and Municipal Employees, Guild for Professional Pharmacists) 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General For severance to be appropriate, the proposed unit must be, after consideration of all factors, more appropriate than the existing unit; p. 27, proposed dec. Guild has not rebutted the presumption that the existing unit is more appropriate than the proposed unit; p. 33, proposed dec. more or view all topics or full text. | 18 | 25010 | 11/16/93 |
| 0773S | State of California (Department of Personnel Administration) (California State Peace Officers Association and California Union of Safety Employees) 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Board's authority in ruling on severance petition is limited to granting or denying petition as filed and does not extend to granting a severance different than that proposed in the petition. more or view all topics or full text. | 13 | 20211 | 09/29/89 |
| 0348S | State of California (State Employees Trades Council) 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Dismissal of severance petition proper where, prior to petition filing, parties had signed off on tentative agreements and ratification of tentative not conditional to full and binding agreement. more or view all topics or full text. | 7 | 14262 | 09/30/83 |
| 0165E | Livermore Valley Joint Unified School District 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General A severance is factually different from an initial unit determination because negotiating history must be considered when evaluating a severance. Although a stable negotiating relationship will not be lightly disturbed, the Sweetwater preference governs a severance inquiry just as it does an initial unit determination. Thus, in the absence of factors showing an existing two-year-old comprehensive unit to be more appropriate, a severance creating a new operations-support unit will be granted. more or view all topics or full text. | 5 | 12063 | 06/22/81 |
| 0988S | State of California (Department of Personnel Administration) (American Federation of State, County and Municipal Employees) 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Severance not granted as petitioner failed to rebut the presumptive appropriateness of present unit and how a separate unit of psychologists was more appropriate; p. 26. more or view all topics or full text. | 17 | 24070 | 04/09/93 |
| 0114E | Redondo Beach City School District 1308.01000: REPRESENTATION ISSUES; SEVERANCE; In General Where negotiating history "quite short" (less than 2 years), the existing unit resulted from voluntary recognition, and the group sought to be severed was not originally sought by the exclusive rep, the Board did not weigh heavily the negotiating history; pp. 9-11. more or view all topics or full text. | 4 | 11011 | 01/17/80 |