All notes for Subtopic 1308.02000 – Severance (Transit District Units)

DecisionDescriptionPERC Vol.PERC IndexDate
2667P San Diego Metropolitan Transit System
1308.2000: REPRESENTATION ISSUES; SEVERANCE; Severance (Transit District Units)
The transit district enabling acts generally grant SMCS jurisdiction to resolve questions concerning representation (QCR), including determinations of appropriate bargaining units. (p. 17.) In doing so, the Board shall apply federal law unless (1) the question presented is governed by an explicit provision of the applicable transit district act, or (2) considerations unique to public sector labor relations require deviation from federal law. (pp. 17-18.) more or view all topics or full text.
09/06/19
2667P San Diego Metropolitan Transit System
1308.2000: REPRESENTATION ISSUES; SEVERANCE; Severance (Transit District Units)
A unit of skilled craft workers may be severed from an existing represented unit in California’s public transit district systems. The question is whether the proposed bargaining unit is an appropriate skilled craft unit. (p. 18.) more or view all topics or full text.
09/06/19
2667P San Diego Metropolitan Transit System
1308.2000: REPRESENTATION ISSUES; SEVERANCE; Severance (Transit District Units)
Under federal law, and thus in transit district cases, the determination of whether a group of skilled craft workers should be severed from an existing bargaining unit is guided by balancing competing interests: (1) those in maintaining industrial stability and system-wide bargaining units against (2) employees’ opportunity to break away from a historical unit by a vote for separate representation. (p. 21.) The goal is to ensure that craft employees’ interests do not predominate without affording a voice in the decision to other unit employees, whose collective strength is weakened by a successful severance. (Ibid.) Thus, the party seeking severance must meet a heavy burden. (Id.) more or view all topics or full text.
09/06/19
2667P San Diego Metropolitan Transit System
1308.2000: REPRESENTATION ISSUES; SEVERANCE; Severance (Transit District Units)
In transit district cases, PERB will consider the following factors drawn from federal law to determine, on a case-by-case basis, whether craft severance is appropriate: (1) the character of the proposed unit, specifically whether it consists of a distinct and homogenous group of skilled journeymen craftsmen; (2) the history of collective bargaining between the employees at issue and the employer as a whole; (3) whether the petitioned-for employees have maintained a separate identity within the larger existing unit; (4) the history and pattern of collective bargaining in the industry involved; and (5) the degree to which the skilled craft workers are part of an integrated production process. (pp. 21-22.) Each of the factors is considered in concert with PERB’s preference for system-wide bargaining units in PUC transit districts. (p. 23.) more or view all topics or full text.
09/06/19
2667P San Diego Metropolitan Transit System
1308.2000: REPRESENTATION ISSUES; SEVERANCE; Severance (Transit District Units)
The first craft severance factor in transit district cases traditionally examines whether the proposed unit consists of “a distinct and homogenous group” of skilled journeymen craftsmen. Though they are not a distinct and homogenous group, given the preference in California’s public sector for multi-craft bargaining units, the inclusion of three distinct craft groups in a proposed unit does not bar severance. (pp. 25-26.) more or view all topics or full text.
09/06/19
2667P San Diego Metropolitan Transit System
1308.2000: REPRESENTATION ISSUES; SEVERANCE; Severance (Transit District Units)
The second craft severance factor in transit district cases examines the parties’ bargaining history, with emphasis on whether the existing history has produced stable labor relations, and whether such stability will be unduly disrupted by severance. This factor is given substantial weight. (p. 26.) more or view all topics or full text.
09/06/19
2667P San Diego Metropolitan Transit System
1308.2000: REPRESENTATION ISSUES; SEVERANCE; Severance (Transit District Units)
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 a generalized dissatisfaction with the incumbent union, but from dissatisfaction among the skilled craft employees specifically. (p. 27.) The evidence did not show that the incumbent unions failed to adequately represent the petitioned-for employees’ interests—both advocated for their interests in bargaining sessions. And the failure to achieve a bargaining goal on behalf of certain employees does not mean the union failed to adequately represent them. (pp. 27-28.) more or view all topics or full text.
09/06/19
2667P San Diego Metropolitan Transit System
1308.2000: REPRESENTATION ISSUES; SEVERANCE; Severance (Transit District Units)
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.
09/06/19
2667P San Diego Metropolitan Transit System
1308.2000: REPRESENTATION ISSUES; SEVERANCE; Severance (Transit District Units)
The third craft severance factor in transit district cases examines whether the severance-seeking group has maintained a separate identity within the larger unit, and the extent of their participation in establishing and maintaining existing representational structure. This includes consideration of the similarity of terms and conditions of employment between the proposed and existing units, as well as any transfers or interchange between those units’ positions. (p. 29.) The participation of petitioned-for employees in general unit representation matters indicates they have not sought to maintain a separate identity, though this conclusion may be inconclusive where there is an absence of interchange between the classifications and they share similar and dissimilar terms and conditions of employment. (p. 30.) more or view all topics or full text.
09/06/19
2667P San Diego Metropolitan Transit System
1308.2000: REPRESENTATION ISSUES; SEVERANCE; Severance (Transit District Units)
The fourth craft severance factor in transit district cases examines the history and pattern of collective bargaining in the industry involved. (p. 30.) more or view all topics or full text.
09/06/19
2667P San Diego Metropolitan Transit System
1308.2000: REPRESENTATION ISSUES; SEVERANCE; Severance (Transit District Units)
The fifth craft severance factor in transit district cases examines the degree to which the skilled craft workers are part of an integrated production process. (p. 31.) Considerations include whether the skilled craft workers work primarily in production areas or in separate shops, whether the production process is functionally dependent upon the work performed by the skilled craft workers, and whether a work stoppage among employees in the proposed unit would have a substantial impact on the operations of the other parts of the system. (Ibid.) Consistent with PERB’s preference for system-wide bargaining units in transportation systems, the evidence demonstrated functional dependence where the petitioned-for classifications perform duties integral to the provision of safe, reliable public transit services. (pp. 32-33.) more or view all topics or full text.
09/06/19
2667P San Diego Metropolitan Transit System
1308.2000: REPRESENTATION ISSUES; SEVERANCE; Severance (Transit District Units)
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.
09/06/19