All notes for Subtopic 1309.01000 – In General/Definition of Appropriate Unit
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| A427E | Poway Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit There is a clear distinction between voter eligibility and unit membership eligibility. PERB generally includes employees in a bargaining unit regardless of how few hours they may work in a year but limits who decides whether to ben exclusively represented and if so by whom. PERB therefore does not use the "established interest formula” in assessing eligibility for unit membership. Substitute employees should be included in the bargaining unit, but the "established interest formula'' is the threshold for eligibility to participate in an election. more or view all topics or full text. | 40 | 35 | 06/29/15 |
| A427E | Poway Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit PERB rejects a formalistic approach to unit determination. The mere fact that an employee does not work a particular number of days or percentage of time does not, in and of itself, indicate that the employee does not share a community of interest with other unit members. Employees belong in bargaining unit if they have a reasonable expectation of continuing employment. more or view all topics or full text. | 40 | 35 | 06/29/15 |
| 2203M | City of Palmdale 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit The MMBA covers all levels of employees except elected officials and gubernatorial appointees. It neither defines "supervisor" nor precludes the formation of a bargaining unit that includes both supervisory and non-supervisory employees. As stated in Organization of Deputy Sheriffs v. County of San Mateo (1975) 48 Cal.App.3d 331, 338, the MMBA confers organizational and representational rights on supervisory, management and confidential employees "without regard to their position in the administrative hierarchy.” In Santa Clara County Counsel Attorneys Assn. v. Woodside (1994) 7 Cal.4th 525, the Supreme Court observed: “By choosing to explicitly include supervisorial, managerial, and confidential employees within the realm of the MMBA's protections, the Legislature implicitly decided that the benefits for public sector labor relations achieved by including managerial employees outweighed the potential divided loyalty dilemmas raised. We therefore note at the outset that any argument which contends that MMBA protections should not apply to certain managerial employees because of problems with divided loyalty must be viewed with skepticism, for that argument follows precisely the legislative road the MMBA declined to take.” (Id. at p. 538; fn. omitted.) Board found no basis to exclude Leads from a unit based solely on their leadership roles. Where Leads spend at least ten percent of their time regularly performing the same kind of maintenance work and using the same tools as their crews, it does not matter that their supervision responsibilities are distinctive. Board also noted that Leads: share a common goal with other employees (to ensure that City facilities are well maintained); have daily contact with one another; and share similar training, qualifications, and skills, mainly that learned working in the field. more or view all topics or full text. | 36 | 49 | 09/23/11 |
| 2203M | City of Palmdale 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit In deciding whether a community of interest exists among employees within a proposed unit, the Board has analyzed a variety of factors. These factors include job function and duties, wages, method of compensation, hours, employment benefits, supervision, qualifications, training and skills, contact/interchange with other employees, integration of work functions, and goals. In analyzing these factors, the Board has rejected a checklist approach in favor of examining the totality of circumstances. The point in comparing factors is to reveal the interests of employees and ascertain whether they share substantial mutual interests in matters subject to meeting and negotiating. more or view all topics or full text. | 36 | 49 | 09/23/11 |
| 2203M | City of Palmdale 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Unlike other PERB-enforced statutes, the MMBA does not specify criteria for resolving unit determination disputes. In deciding whether a proposed bargaining unit is an appropriate unit under the MMBA, courts have considered criteria similar to those contained in other collective bargaining statutes, including but not limited to the following: community of interest among the employees at issue, history of representation, and the general field of work. more or view all topics or full text. | 36 | 49 | 09/23/11 |
| 2203M | City of Palmdale 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit In unit determinations, the question is whether the petitioned-for unit is "an appropriate unit," not whether it is "the ultimate unit or the most appropriate unit." (Alameda County Assistant Public Defenders Assn. v. County of Alameda (1973) 33 Cal.App.3d 825, 830.) more or view all topics or full text. | 36 | 49 | 09/23/11 |
| A491E | Alliance Morgan McKinzie High School et al. 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit When performing a unit appropriateness inquiry for a charter school bargaining unit, we must weigh and balance the statutory criteria to achieve consistency of application and the general objectives of EERA. (Alliance I, supra, PERB Decision No. 2719, p. 24, citing Antioch Unified School District, supra, EERB Decision No. 37, p. 3; Marin Community College District (1978) PERB Decision No. 55.) Among the statutory criteria, we must also take into account the purposes and goals of the Charter School Act (CSA) when deciding cases involving charter schools. (Alliance I, supra, p. 24, citing Orcutt Union Elementary School District (2011) PERB Decision No. 2183, p. 5.) (p. 16.) more or view all topics or full text. | 46 | 141 | 03/23/22 |
| A491E | Alliance Morgan McKinzie High School et al. 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit PERB’s task when considering a petition for representation is to determine whether the petitioned-for unit is appropriate based on the facts present when the petition is filed. (Alliance I, supra, PERB Decision No. 2719, p. 27, fn. 27, citing Children of Promise, supra, PERB Order No. Ad-402, p. 14.) The “petitioning union is not required to seek to represent only the ‘most appropriate unit.’” (Id. at p. 24, citing San Joaquin County Office of Education (2004) PERB Decision No. JR-21, p. 4; Antioch Unified School District (1977) EERB Decision No. 37, p. 3.) When performing this inquiry, we must weigh and balance the statutory criteria to achieve consistency of application and the general objectives of EERA. (Alliance I, supra, PERB Decision No. 2719, p. 24, citing Antioch Unified School District, supra, EERB Decision No. 37, p. 3; Marin Community College District (1978) PERB Decision No. 55.) (pp. 15-16.) more or view all topics or full text. | 46 | 141 | 03/23/22 |
| 2821M | County of Monterey 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit PERB determined that any lawful application of county’s local rules required county to place per diem registered nurses (RN) and nurse practitioners (NP) in same unit as regular RNs and NPs. (p. 10.) Placing just over 50 County per diem registered nurses and nurse practitioners in a newly formed unit all their own, rather than in an existing unit comprising over 500 County RNs and NPs who perform identical work at the same hospital, resulted in unnecessary fragmentation. (pp. 10-12.) more or view all topics or full text. | 47 | 9 | 06/01/22 |
| 2788M | City of Pasadena 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit It is well established that “while employees have the right to choose which employee organization, if any, they want to represent them, they have no right to choose the bargaining unit in which their classification or position is placed.” (Regents of the University of California (2010) PERB Decision No. 2107-H, p. 24; City of Livermore, supra, PERB Decision No. 2525-M, p. 14, fn. 6.) more or view all topics or full text. | 46 | 61 | 09/01/21 |
| 2788M | City of Pasadena 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit 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, determination of appropriate bargaining units. (§ 3507, subds. (a)(3), (a)(4).) more or view all topics or full text. | 46 | 61 | 09/01/21 |
| 2773M | City of Glendale 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit When PERB evaluates a public agency’s unit determination under its local rules, our inquiry is limited to whether the agency’s determination was reasonable, provided the determinations conform to the MMBA and the employer’s local rules. The party challenging a unit determination has the burden of demonstrating the decision was not reasonable. (p. 27.) more or view all topics or full text. | 46 | 11 | 06/28/21 |
| 2773M | City of Glendale 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit 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. (pp. 26-27.) more or view all topics or full text. | 46 | 11 | 06/28/21 |
| 2773M | City of Glendale 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit The Board rejected IBEW’s facial challenge to City’s local rule. Well before PERB assumed jurisdiction over the Meyers-Milias-Brown Act (MMBA) in 2001, local agencies were authorized to make initial determinations as to the appropriateness of bargaining units. The standard then, as now, is whether such a determination is reasonable. The mere fact that a local rule allows for a local agency’s agent or governing board to have the final authority on representation issues does not make the rule unreasonable. Thus, the Employee Relations Ordinance did not facially violate the MMBA merely by vesting the City Manager with the authority to process and hear unit determination petitions. (pp. 20-21.) more or view all topics or full text. | 46 | 11 | 06/28/21 |
| A472E | St. Hope Public Schools 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit In Peralta Community College District (1978) PERB Decision No. 77 (Peralta), the Board interpreted EERA section 3545 as creating a rebuttable presumption that all classroom teachers should be placed in the same unit. To rebut the presumption, [a petitioner] has the burden to show that its proposed unit is more appropriate than one including day-to-day substitutes, based on three factors: (1) community of interest; (2) established practices including the extent to which employees in different categories have selected [the petitioner] as their representative; and (3) employer efficiency. (EERA, § 3545, subd. (a).) more or view all topics or full text. | 43 | 86 | 12/06/18 |
| 2667P | San Diego Metropolitan Transit System 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit 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 |
| A453H | Regents of the University of California 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Whether the Legislature formally adopted the exact language of the Aaron Commission Report is, at this late date, less significant than the fact that a concern with avoiding fragmentation of employee groups and a proliferation of bargaining units has featured prominently in PERB’s unit determination decisions for decades, including decisions establishing the TX and other statewide units throughout the University system. (p. 24.) more or view all topics or full text. | 42 | 47 | 09/29/17 |
| A452E | Fairfield Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit The Board denied an appeal from an administrative determination which denied a severance petition that sought to sever speech-language pathologists from a school district’s other certificated employees, based on societal changes that have occurred in special education and speech-pathology. The community of interest among certificated employees is implicit in the statutory guidelines used for evaluating all certificated personnel, as set forth in the Stull Act, Education Code Article 5.5, sections 13485 through 13490, which are not used for evaluating classified personnel. (p. 4.) Additionally, the distinction between certificated and classified personnel in public education is not simply a standard imposed by PERB Regulations and decisional law, but a statutory distinction set forth in EERA and the Education Code, which, in the absence of legislative action, PERB is not authorized to ignore. (pp. 3-5.) more or view all topics or full text. | 42 | 34 | 08/16/17 |
| 2578H | Regents of the University of California (Teamsters Local 2010) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit When determining whether an employee should be excluded from a unit, the Board considers the actual job duties performed, not just the job description. more or view all topics or full text. | 43 | 31 | 07/18/18 |
| 2509E | Oakland Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit When the existing unit is not a Sweetwater unit, the proper inquiry is whether the requested unit configuration is an appropriate unit, not whether it is more appropriate than the existing configuration. Under those circumstances, the criteria of EERA section 3545(a) apply. more or view all topics or full text. | 41 | 111 | 12/29/16 |
| 2509E | Oakland Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Where there are two possible unit placements for a disputed job classification, it must be determined which unit shares the greater community of interest with the classification. more or view all topics or full text. | 41 | 111 | 12/29/16 |
| 2422H | Regents of the University of California 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit PERB unit placement determinations are not confined to the particular unit configurations petitioned for by any party. Hearing Officer’s finding that petitioned for classification would be more appropriately included in another existing unit not improper when determining whether inclusion in the petitioned-for unit is appropriate. more or view all topics or full text. | 39 | 156 | 05/07/15 |
| 2478M | County of Orange 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit MMBA sections 3507 and 3509 together allocate the authority to determine appropriate bargaining units to a public agency that has adopted local rules concerning representation, provided those determinations conform with the statutory mandates of MMBA section 3507.3. PERB’s role in representation issues under MMBA is limited where local rules have been adopted. The County has adopted criteria for unit determination and it should be allowed to apply those criteria to determine if the petitioned-for unit of professional employees is appropriate. Although the County violated MMBA and its local rules by denying the professional employees included in a severance petition the right to be represented separately from non-professional employees, in the current procedural context, it is not PERB’s province to determine the contours of an appropriate professional unit. Case remanded to the County to decide appropriate unit in accordance with its employee relations resolution, provided that it may not create a unit that forces physicians and dentists or any other professional classification into a unit containing non-professional employees when they have petitioned for representation separate from that unit. more or view all topics or full text. | 40 | 163 | 04/08/16 |
| 2397E | Fremont Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit The threshold question in bargaining unit cases under EERA will always be whether the positions in question are certificated or classified within the definitions of those terms found in the Education Code. The rebuttable presumption described in Peralta Community College District (1978) PERB Decision No. 77 that all classroom teachers are appropriately placed in the same bargaining unit comes into play only after it is determined the positions are certificated. (EERA, § 3545(b)(3). more or view all topics or full text. | 39 | 63 | 11/14/14 |
| A402E | Children of Promise Preparatory Academy 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit The burden of providing sufficient evidence demonstrating that a material issue of fact does exist lies with the party seeking to exclude certain employees from the bargaining unit on the basis that they are managerial, supervisory, or confidential. In cases involving a presumptively appropriate bargaining unit, such as “all classroom teachers,” the burden of proof also lies with the party opposing the unit. more or view all topics or full text. | 38 | 76 | 11/06/13 |
| 2441E | Poway Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Casual employees are those who have a sporadic or intermittent relationship with the employer and therefore lack a sufficient community of interest with regular employees to be included in the regular unit. The mere fact that an employee does not work a particular number of days or percentage of time does not, in and of itself, indicate that the employee does not share a community of interest with other unit members. Criteria for distinguishing “casual” employees from employees with collective bargaining rights include a lack of reasonable expectation of future employment with that employer. more or view all topics or full text. | 40 | 35 | 06/29/15 |
| 2379E | Center Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit The Board adopted a proposed decision that concluded that noon duty aides (NDAs) shared a sufficient community or interest with classified employees in a wall-to-wall unit. NDAs are public school employees as per EERA section 3540.1 (j) and may be included in a unit of classified employees for collective bargaining purposes (overruling Castaic Union High School District PERB Decision No. Ad-384). more or view all topics or full text. | 39 | 10 | 06/27/14 |
| 2162S | State of California (Department of Forestry and Fire Protection) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Retired annuitants are not automatically placed in bargaining units containing full-time employees performing similar tasks. Rather, retired annuitants will be placed in such units if they are included in a unit determination or modification petition and if, following a full unit hearing, the Board determines they are appropriately placed in that unit. more or view all topics or full text. | 35 | 38 | 02/10/11 |
| 2212E | Santa Barbara Community College District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit EERA entitles public school employees the right to form bargaining units and be represented in their employment conditions by an employee organization of their choosing. This right is extended to supervisory personnel so long as no bargaining unit of supervisors is represented by the same employee organization as the employees that those supervisors supervise. Employees properly designated as managers, on the other hand, are excluded from the definition of a public school employee under EERA, and consequently denied collective bargaining rights. The Board has long held that a “management employee” under EERA must have significant responsibilities both for the formulation of district policies and the administration of district programs. Applying these principles, Board found four of the disputed classifications to be managerial and, therefore, properly excluded from the petitioned-for bargaining unit. more or view all topics or full text. | 36 | 67 | 10/26/11 |
| 2154S | State of California (Department of Corrections and Rehabilitation) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Retired annuitants are not automatically placed in bargaining units containing full-time employees performing similar tasks. Rather, retired annuitants will be placed in such units if they are included in a unit determination or modification petition and if, following a full unit hearing, the Board determines they are appropriately placed in that unit. more or view all topics or full text. | 35 | 22 | 12/30/10 |
| 2183E | Orcutt Union Elementary School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Charter school teachers share a sufficient community of interest with the other teachers in the school district to warrant inclusion in the district-wide bargaining unit, where both sets of employees have the same basic goals in delivering state-mandated curriculum to students and seek to achieve these goals in similar ways using same teaching materials and textbooks. Differences in charter school teaching model are insufficient to demonstrate a community of interest distinct from other teachers in the district. more or view all topics or full text. | 36 | 1 | 06/07/11 |
| 2119M | County of Riverside 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit When evaluating whether a local agency has determined an appropriate bargaining unit under local rules adopted pursuant to the MMBA, PERB considers whether the agency’s determination was reasonable. If reasonable minds could differ over the appropriateness of the determination, PERB should not substitute its judgment for that of the local agency. PERB deferred to local agency’s unit determination when some community of interest factors weighed in favor of the proposed unit and some weighed against it. more or view all topics or full text. | 34 | 108 | 06/24/10 |
| 2107H | Regents of the University of California 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Modification of residual healthcare professional unit to add case managers is appropriate because: (1) case managers share a community of interest with other classifications in the unit; (2) addition of 163 employees to unit would not have a negative effect on employer’s efficient operations; and (3) the existing exclusive representative has experience representing a diverse set of occupational groupings. more or view all topics or full text. | 34 | 81 | 05/10/10 |
| A383E | Communications Workers of America, AFL-CIO 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit While substitute teachers may be included within a broader unit of teachers, a unit composed solely of substitute teachers may also be appropriate. Even where the broader unit may well be appropriate had the matter been brought before PERB, it would not effectuate the purposes of the statute to force expansion of a unit upon an unwilling representative. more or view all topics or full text. | 34 | 65 | 02/23/10 |
| 1911E | Santa Clara Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit In order to satisfy legislative preference for the largest possible unit of teachers, the Board established a rebuttable presumption that all teachers were to be placed, prospectively, in a single unit. The Board noted a dilemma may arise when, sometime later, the excluded employees seek bargaining rights through a petition for a separate unit. more or view all topics or full text. | 31 | 115 | 06/26/07 |
| 1896M | Turlock Irrigation District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Parties have the right to seek review of local agencies’ unit determination decisions under the MMBA by filing unfair practice charges. The statement in the Westlands Water District (2004) PERB Decision No. 1622-M (Westlands) decision that “[w]here a party instead seeks review of the unit determination decision itself, a petition for Board review should be filed” (PERB Reg. 60000, et seq.) is moot, because the Board repealed Regulations 60000 through 60070 on February 9, 2006, effective May 11, 2006. The union failed to establish a prima facie case that the local agency had failed and/or refused to comply with its local rules. The MMBA does not require the local agency to “meet and confer,” or bargain, with employee organizations regarding unit determination decisions made pursuant to its local rules. more or view all topics or full text. | 31 | 80 | 03/28/07 |
| 1881H | Trustees of the California State University 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit The rebuttable presumption test is used when parties seek to move an existing classification from one bargaining unit to another or to separate a bargaining unit. It is not properly used when placing a new classification into a unit. Rather, it is necessary to utilize the criteria found in HEERA section 3579. more or view all topics or full text. | 31 | 51 | 01/24/07 |
| 1688E | Elk Grove Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Under EERA since neither party proposed a Sweetwater unit, the standard is whether the proposed unit is an appropriate unit. New unit rejected and existing unit modified where the unit proposed shares a community of interest with the existing unit in areas of education, experience, training, working conditions, overlapping job functions, lines of supervision, hours of work, and more factors. The petitioned-for classifications do not share a separate and distinct community of interest that would warrant establishment of a separate unit. more or view all topics or full text. | 28 | 253 | 09/17/04 |
| 1665E | Los Angeles Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Board affirmed that a “management employee” under EERA must have significant responsibilities both for the formulation of district policies and the administration of district programs. Among the factors distinguishing a management employee from a non-management employee is the ability to waive or deviate from established policy, and the presence or absence of a relatively intimate relationship with a school district’s superintendent or governing board. Applying these principles, Board found 17 of 25 disputed classifications to be managerial, while the other 8 were found to be within the supervisor’s unit. more or view all topics or full text. | 28 | 232 | 07/27/04 |
| 1678E | Delano Joint Union High School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Board affirmed that where a unit exists covering all classified employees, and a classified position is newly created, the newly created position is automatically placed in the classified unit. more or view all topics or full text. | 28 | 222 | 08/20/04 |
| 1627E | San Joaquin County Office of Education 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit A unit of recruiter, migrant services assistant; secondary school teacher, support services facilitator and youth advocate within the county migrant education program is found to be appropriate. The community of interest among the employees in the five classifications is based on their job duties involving outreach to the migrant community, the requirement that they be bilingual in English and Spanish, their common lines of supervision under the directors of the department and their qualifications, education and experience. Their work involves home and work site visits and is quite different than clerical employees. more or view all topics or full text. | 28 | 149 | 05/04/04 |
| 1622M | Westlands Water District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Where a party seeks review of a unit determination case under MMBA, a petition for Board review should be filed. As no petition was filed, the Board declines to address the arguments regarding appropriateness of the employer’s unit determination decision. more or view all topics or full text. | 28 | 144 | 04/22/04 |
| A320E | Robert L. Mueller Charter School 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Classroom teachers at a charter school comprise an appropriate unit consistent with the Board’s holding in Franklin-McKinley School District (1979) PERB Decision No. 108, even though some teachers may periodically be included in the school’s governing structure. more or view all topics or full text. | 27 | 46 | 03/05/03 |
| 1445E | San Diego Community College District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Joint filing of a petition for unit modification pursuant to PERB Regulation 32781(c) allows on its face an inference of dissatisfaction with the status quo. Absence of evidence in the record to rebut the inference leads the Board to find adequate evidence of dissatisfaction with incumbent union's representation. Where neither unit would be inappropriate for the continuing education counselors, it is proper to consider the desire of employees in making a determination on a unit modification petition. more or view all topics or full text. | 25 | 32085 | 06/15/01 |
| 1505E | Mendocino County Office of Education 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit The Board found that the disputed employees do not have access to or possess information concerning the MCOE’s employer-employee relations in the regular course of their normal duties and so should not be designated “confidential.” more or view all topics or full text. | 27 | 16 | 12/24/02 |
| 1332E | Plumas Unified School District and Plumas County Superintendant of Schools and Plumas County Teachers Association, CTA/NEA 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Community of interest is not determinative of unit modification petition because 2 separate employers are present. Meaningful negotiation can only occur where the employer has the authority and ability to reach agreement with the duly selected representative of its employees about those matters within the scope of representation. It is the separate economic status of each district, coupled with the exclusive policy-making authority of each district, which determines its ability to negotiate about those matters within the scope of negotiations. more or view all topics or full text. | 23 | 30124 | 06/03/99 |
| 1261H | Regents of the University of California and Association of Student Employees, United Automobile, Aerospace, and Agricultural Implement Workers of America, et al. 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit The Board further affirmed the ALJ's determination that the University by not contesting the appropriateness of a campus unit (as opposed to a statewide unit) had waived arguments that the campus unit is inappropriate; p. 36. more or view all topics or full text. | 22 | 29084 | 04/23/98 |
| 1301H | The Regents of the University of California and Student Association of Graduate Employees, et al. 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit With regard to GSIs, readers, special readers and tutors, the ALJ finds that employment in these positions is contingent on student status. The parties offer no exceptions to this finding, which the Board adopts as its own conclusion; p. 22. It is clear from the record that students employed in remedial tutor and part-time learning skills counselor positions were given employment preference because of their student status. While some non-students may be placed in these positions, under the approach adopted by the Board in UC San Diego the employment of students in these positions is clearly contingent on their status as students; p. 23. The services provided by students employed in these positions are related to their educational objectives. While employment in the disputed positions contributes to the accomplishment of educational objectives, it is not vital to achieving them. It can not be concluded from the evidence that students deprived of the opportunity for employment in these positions would fail to achieve their educational objectives. Instead, it is reasonable to conclude that affected students would find other means to accomplish those objectives, as do the many students who currently do not serve in the positions in dispute in this case. Conversely, the services performed by the student academic employees in dispute are vital to the University and must be performed without regard to whether they provide any educational benefit to student employees; p. 25. Coverage by HEERA can not and will not be allowed to undercut academic policies, selection processes for academic apprentice positions and the role of the academic senate. Board concludes HEERA coverage for these student employees would further the purposes of HEERA. more or view all topics or full text. | 23 | 30025 | 12/11/98 |
| 1315E | Long Beach Community College District and Long Beach Comjunity College Police Officers Association and California School Employees Association 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit 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. more or view all topics or full text. | 23 | 30064 | 02/09/99 |
| 1068E | San Francisco Community College District (Laborers’ International Union of North America) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit The Board dismissed petition where requested gardeners and nursery specialists unit was found to be inappropriate, rather, a crafts unit was found approprite; p. 5. The burden is upon the party seeking a unit or units different than the Sweetwater unit configurations; p. 3. Although establishment of a pure Sweetwater operations and support services unit is impossible in this case that does not make Sweetwater and other Board precedent, inapplicable. Not all units approved under Sweetwater look exactly alike; p. 28, proposed dec. more or view all topics or full text. | 19 | 26011 | 11/17/94 |
| A172E | Oakland Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Board reads Oakland U.S.D. (1983) PERB Decision No. 320 as defining who is in the unit, not who is eligible to vote. Voter eligibility is not addressed in Oakland U.S.D., but is governed by Palo Alto USD/ Jefferson UnHSD (1979) PERB Decision No. 84; p. 5. more or view all topics or full text. | 12 | 19125 | 07/14/88 |
| A164E | Peralta Community College District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Where the appropriateness of the unit is in dispute, the Board must make a formal determination as to the appropriate unit configuration; p. 7. more or view all topics or full text. | 11 | 18110 | 06/18/87 |
| A069E | Los Gatos Joint Union High School District (Blakiston) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Regional director's denial of a request for hearing to determine the appropriate unit upheld where other avenues of potential relief and no evidence showing abdiction of responsibility by the regional director or any substantial prejudice to requesting party. more or view all topics or full text. | 3 | 10093 | 07/06/79 |
| A079S | State Employer-Employee Relations Act - Governor's Office of Employee Relations (Phase III) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Proper scope of unit determination proceeding is employees who are to be included in designated units. It is unnecessary to address the contention that the Board is without jurisdiction to designate an employee as managerial, confidential, or supervisory in order to formulate appropriate units, as such an inquiry would concern matter not in controversy; pp. 2-3. Burden in unit determination proceeding is on party seeking exclusion of employees from units to justify the exclusion; p. 2. Burden of justifying exclusion in unit determination proceeding can be met by showing evidence of actual job requirements which disqualify the employee from placement in representation units, irrespective of which exclusionary category those employee may fit; p. 2. more or view all topics or full text. | 3 | 10133 | 10/18/79 |
| A059S | State Employer-Employee Relations Act - California State Employees Association, et al. 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit To warrant order directing general counsel to modify his procedures for the order of the cases to be presented in representation unit hearings for state service, Board must determine that the procedures violate due process or raise substantial questions of procedural bias or cause inadvertent advantage to be gained by one party; p. 5. Appeal filed by employee organization to general counsel's determination of the order of the cases-in-chief to be presented in representation unit hearings for state service sustained. more or view all topics or full text. | 3 | 10040 | 03/05/79 |
| A060S | Fish and Game Wardens Association (California State Employees Association) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit The appropriate place for one union to challenge another's petition to determine an appropriate unit is in the unit determination hearings not by way of administrative appeal. more or view all topics or full text. | 3 | 10039 | 03/09/79 |
| A052S | State of California (California State Communications Association) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Unit determination properly dismissed where employee organization failed to file its petition in a timely manner as required by PERB Regulation 41010(a); employee organization failed to demonstrate extraordinary circumstances as required by PERB Regulation 32133 to excuse late filing; pp. 2-3. more or view all topics or full text. | 3 | 10010 | 01/02/79 |
| A054S | State Employer-Employee Relations Act - California State Employees Association 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Appeal by union of general counsel determination to employ use of 17 sub-hearings for taking evidence on consolidated petitions for representation units in state service dismissed; Board will not consider whether system developed by general counsel for taking evidence is best one under the circumstances; Board will not interfere with general counsel's management of cases which does not violate due process or Board regulation; pp. 3-4. System developed by general counsel for taking evidence in consolidated petitions for representation units in state service meets Board's requirements of due process and compliance with Board regulations where: each party has right to examine witnesses and produce evidence, present open and closing arguments and present its case-in-chief before the conclusion of the consolidated hearing; inconvenience to parties arising from structure of hearings not case-in-chief before the conclusion of the consolidated hearing; inconvenience to parties arising from structure of hearings not regulations; pp. 4-6. more or view all topics or full text. | 3 | 10023 | 01/18/79 |
| A018E | Turlock School Districts 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Two districts with common administrations are not a single employer, therefore, bargaining units consisting of employees in both districts are inappropriate. No majority rationale. more or view all topics or full text. | 1 | 521 | 10/26/77 |
| 1267E | Los Angeles Unified School District and Busdrivers Association for Unity and Service Employees International Union Local 99 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit 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 (NRLA) 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. more or view all topics or full text. | 22 | 29106 | 06/16/98 |
| 1098E | Pasadena Community College District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit The language "all certificated employees excluding those excluded by law" was clearly intended to describe a comprehensive unit. The employer's recognition of the union as "the representative agent for certificated employees, excluding those designated as management, supervisory, and confidential employees" described a unit "which includes all certificated teachers;" pp. 11-12, proposed dec. A unit description that includes "[a]ll certificated personnel paid on an hourly basis" means, obviously, all instructors, paid on an hourly basis, who must have a credential to perform their duties. What is critical is not that the individual holds a credential but that a credential is required for the particular duties that the individual performs; p. 12, proposed dec. more or view all topics or full text. | 19 | 26089 | 05/03/95 |
| 1086E | San Francisco Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Education Code section 45318 only requires that the district's employees be covered by the city's civil service system, not that the district be subject to the bargaining unit structure of the city employee relations ordinance; p. 28, proposed dec. EERA does not preclude in every case an employee's placement in more than one bargaining unit. An employee holding two positions with the same employer might well be included in two separate bargaining units represented by two different exclusive representatives; p. 28, proposed dec. The determination of an appropriate unit must be made with consideration only of those classifications not already placed in a unit; p. 30, proposed dec. Board determines each case based on the appropriateness of the unit and is not limited to a choice between "an" or "the most" appropriate Board determines each case based on the appropriateness of the unit and is not limited to a choice between "an" or "the most" appropriate more or view all topics or full text. | 19 | 26064 | 03/01/95 |
| 1082E | San Juan Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit On balance, the long, relatively stable negotiating relationship that exists between an incumbent union and the employer, and the added burden to the employer of dealing with an additional unit is not sufficient to overcome the Sweetwater policy in light of the employee's right to select an exclusive representative for an appropriate unit; pp. 7-8. more or view all topics or full text. | 19 | 26039 | 01/18/95 |
| 1039H | Regents of the University of California (Hospital and Health Care Workers Local 250, Service Employees International Union) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit UC's purchase of Mt. Zion is a case of accretion and applying these standards, the result must be the integration of the Mt. Zion employees into existing units; p. 15. Presumptive validity of established units and specific criteria of HEERA section 3579 renders proposed unit inappropriate irrespective of NLRB's established successorship/accretion doctrine; p. 14. There is no authority for the proposition that bargaining rights obtained in the private section outweigh the specific criteria in HEERA for determining an appropriate unit; p. 16. more or view all topics or full text. | 18 | 25053 | 03/08/94 |
| 0839E | Santa Clara County Office of Education 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Cases in which it was found that substitute drivers were not within existing unit descriptions are inapposite where issue is whether substitutes should be added to existing unit containing full-time drivers; p. 4. more or view all topics or full text. | 14 | 21178 | 09/18/90 |
| 0816E | South Bay Union Elementary School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit If a party seeks a unit different than a Sweetwater unit configuration, then the party must show the unit is more appropriate than a Sweetwater unit configuration; p. 8. As classified employees performed the same job functions as those employees described in Sweetwater, and the Association failed to show parallel working conditions, interchangeable job functions, and three units would adversely affect the efficient operations of the District, the Board found a wall-to-wall unit of classified employees inappropriate; p. 12. more or view all topics or full text. | 14 | 21123 | 06/15/90 |
| A361M | City of Glendale 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit PERB must consider whether a public agency’s unit appropriateness determination is reasonable. Local government employer does not have to find the most appropriate unit. The MMBA requires only that the unit be appropriate. PERB has also rejected the most appropriate unit standard under EERA. The party challenging a unit determination decision has the burden to demonstrate the decision was unreasonable. The union has not provided facts to establish the city’s unit determination was not reasonable. more or view all topics or full text. | 31 | 89 | 04/13/07 |
| 1216S | State of California (Department of Forestry and Fire Protection) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit To rebut the presumptive validity of the original PERB state unit determination, the petitioning party must show the proposed modification is more appropriate; p. 12. When the SPB creates a new classification to recognize the unique duties that classification performs, and PERB never determined the appropriate placement for that series, the presumptive validity of PERB's original state unit determination does not apply; p. 12. more or view all topics or full text. | 21 | 28144 | 08/27/97 |
| 0352E | Palo Alto Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Modification of unit to merge class room teachers, hourly adult education teachers and substitute teachers appropriately granted. Features of community of interest discussed. more or view all topics or full text. | 7 | 14278 | 10/24/83 |
| 0320E | Oakland Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Rebuttable presumption that all classroom teachers are in the same unit. Cites Peralta CCD (1977) PERB Dec. No. 77. Presumption applies to question of proper unit placement of substitute teachers, and single unit will be directed, unless disparate community of interest exists or such application would cause disruption or instability within an already established unit. Question of disruption is part of Peralta test. more or view all topics or full text. | 7 | 14183 | 06/20/83 |
| 0306H | Unit Determination for Housestaff Employees of the University of California 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Section 3579(c) of HEERA creates a presumption that all employees within an occupational group or groups should be included in a single representation unit unless there is a preponderance of evidence that such a unit would be inconsistent with the Act; p. 11. more or view all topics or full text. | 7 | 14144 | 05/05/83 |
| 0290H | Unit Determination for Technical Skilled Crafts, Service and Professional Employees of the University of California (Lawrence Livermore National Laboratory) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit In determining the status of casual employees and the appropriateness of excluding them from units, Board must consider statutory criteria in section 3579 of HEERA; p. 4. more or view all topics or full text. | 7 | 14086 | 03/04/83 |
| 0270H | Regents of the University of California (Non-Academic Senate Instructional/Research and Allied Professionals) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Rules for appropriate university units under section 3579. more or view all topics or full text. | 7 | 14027 | 12/28/82 |
| 0270Hb | Regents of the University of California (Non-Academic Senate Instructional/Research and Allied Professionals) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Board approves a stipulation in a unit determination case when it doesn't contravene the Act or established Board policies. more or view all topics or full text. | 7 | 14276 | 10/24/83 |
| 0173H | Unit Determination - California State University and Colleges (Professional) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Unit determination criteria for higher education employer cannot be reviewed in isolation from one another. There is substantial interplay among the various criteria. Unit of physicians (Unit 1) is appropriate for the California State University based upon internal and occupational community of interest. Physicians have ethical and legal responsibilities which set them apart from other student health care employees. There is a potential for conflict if they are placed in the same unit as other health care workers who they direct. Unit of health care support employees (Unit 2) is appropriate for CSU even though it contains both professional and non-professional employees. Strong community of interest overcomes the rebuttable presumption that health care professionals in this unit should be placed in small separate units. presumption that health care professionals in this unit should be placed in small separate units. temporary instructors, are an occupational group that share a community of interest. All faculty members perform functionally related services and work toward established common goals. All types of faculty share classroom teaching as their primary function. Librarians and coaches share the community of interest and belong in the same unit as instructors. Unit of all academic support members (Unit 4) is appropriate for CSU. Among others, the unit contains student affairs officers and assistants and various classes of employees who deal with students. This unit is appropriate even though it contains both professional and non-professional employees. Strong community of interest overcomes the rebuttable presumption that professional employees should be in their own separate units. their own separate units. more or view all topics or full text. | 5 | 12120 | 09/22/81 |
| 0176H | Unit Determination - California State University and Colleges (Nonprofessional) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit A statewide unit of non-craft maintenance, custodial and grounds employees (Unit 5) is appropriate for the California State University. Employees in those categories share a strong community of interest. These employees are semi-skilled and skilled workers whose tasks comprise a functionally related goal, the maintenance of the campus physical environment. Most of the employees share common reporting lines and transferrable skills. Employees career paths lie primarily within plant operations departments. more or view all topics or full text. | 5 | 12152 | 11/17/81 |
| 0162E | Inglewood Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Decertification petition which included "temporary employees" in unit description did not define inappropriate unit. Original unit description included "long-term temporary employees." Omission of words "long-term" from unit description are not sufficient to invalidate petition. more or view all topics or full text. | 5 | 12056 | 05/12/81 |
| 0165E | Livermore Valley Joint Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit There is a strong preference for a presumption in favor of the Sweetwater units for classified employees. A party wishing to establish a different unit must show that the proposed unit is a more appropriate grouping than the Sweetwater units. more or view all topics or full text. | 5 | 12063 | 06/22/81 |
| 0144E | Mendocino Community College District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit In Peralta persumption is overcome by employee organization seeking unit of part-time community college instructors. Separate unit for part-time instructors is granted where there is no community of interest between part-time and full-time instructors. more or view all topics or full text. | 4 | 11192 | 11/04/80 |
| 0140E | Redondo Beach City School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Employer's refusal to bargain on grounds that unit is not appropriate constitutes a failure to negotiate in good faith. Absent evidence of newly discovered or previously unavailable circumstances re-litigation of PERB's unit determination is not warranted. more or view all topics or full text. | 4 | 11181 | 10/14/80 |
| 0114E | Redondo Beach City School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Separate and distinct communities of interest of children's center teachers and elementary teachers outweigh efficiency of operations and established practices; Board distinguishes Oakland #15; pp. 5-12. more or view all topics or full text. | 4 | 11011 | 01/17/80 |
| 0090E | San Jose Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit A unit that is appropriate for meeting and negotiating need not be the most appropriate unit; p. 13, proposed dec. more or view all topics or full text. | 3 | 10034 | 02/14/79 |
| 0055E | Marin Community College District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Board declines to place in unit classifications for which evidence of duties was insufficient to make determination; pp. 18-19. more or view all topics or full text. | 2 | 2130 | 06/26/78 |
| 0084E | Palo Alto Unified School District/Jefferson Union High School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Fact that substitutes do not hold "positions" does not mean that they may not be part of a negotiating unit; pp. 6-7. more or view all topics or full text. | 3 | 10020 | 01/09/79 |
| 0042E | Westminster School District (Zaikowsky) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Public school employer designates managers subject to EERB review. Employees may not appeal an employer's decision not to designate them as management. more or view all topics or full text. | 2 | 2007 | 12/16/77 |
| 0035E | Greenfield Union School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Residual unit of classified employees found appropriate where no evidence presented to show the unit is inappropriate. more or view all topics or full text. | 1 | 483 | 10/25/77 |
| 0037E | Antioch Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Unit-determination criteria in section 3545 require a weighing and balancing in respect to each other to achieve consistency of application and the general objectives of the Act. EERB has wide discretion in applying unit-determination criteria. Board currently giving more weight to community of interest than other criteria. Where unit placement of a classification not disputed EERB will accept the agreed-upon placement so long as it is not inconsistent with a clear and specific mandate of the unit-criteria provisions. more or view all topics or full text. | 1 | 517 | 11/07/77 |
| 0027E | Washington Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Presumption that psychologists, guidance specialist, counselors, nurses, librarians and work experience specialist belong in the same unit with teachers. more or view all topics or full text. | 1 | 411 | 09/14/77 |
| 0024E | Pleasanton Joint Elementary School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Rebuttable presumption that unit containing counselor and other certificated employees is an appropriate unit. more or view all topics or full text. | 1 | 438 | 09/12/77 |
| 0933S | State of California (Department of Personnel Administration) (California State Employees Association) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Although parties had agreed to exclude classifications from a bargaining union, stipulation was no longer in effect and the classifications were deemded to be part of the bargaining unit the Board initially placed them. Thus, party requesting unit modification has the burden to demonstrate that one bargaining unit is more appropriate than another bargaining unit; p. 2. An agreement affecting unit determination will not be accepted unless there are facts on the record which would enable the Board to find the unit appropriate; p. 13, proposed dec. Neither the original unit placement nor the proposed modification is required to be perfect or the most appropriate; p. 15, proposed dec. To rebut the presumptive validity of the original state unit determination, party must show that its proposed modification is more approprite; p. 17, proposed dec. determination, party must show that its proposed modification is more approprite; p. 17, proposed dec. rationale for disturbing the unit placement; p. 19, proposed dec. more or view all topics or full text. | 16 | 23077 | 05/15/92 |
| 0008E | San Diego Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Sweetwater units approved for classified employees; not appropriate to include paraprofessionals in a unit with other classified employees. more or view all topics or full text. | 1 | 33 | 02/18/77 |
| 0010E | Foothill-DeAnza Community College District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Sweetwater units are rebuttably presumed appropriate. more or view all topics or full text. | 1 | 64 | 03/01/77 |
| 0003E | Pittsburg Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Paraprofessional employees (teachers aides) should have a separate unit from other classified employees because of different primary function, work site, salary schedule, work year, supervision, and hiring panels. Noon-duty supervisors should be in the paraprofessional unit because they share a community of interest with the aides. more or view all topics or full text. | 1 | 6 | 10/14/76 |
| 0004E | Sweetwater Union High School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Little weight given to established practices as related to unit composition under the Winton Act. Office-technical and business services employees are an appropriate unit based on separate and district community of interest. Transportation, custodial-gardening, cafeteria and maintenance employees along with warehouseman and delivery man share a community of interest and constitute an appropriate unit. more or view all topics or full text. | 1 | 10 | 11/23/76 |
| 0005E | Los Angeles Unified School District (United Teachers Los Angeles) 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Secondary school counselors found to be appropriate in overall unit of certificated employees. more or view all topics or full text. | 1 | 18 | 11/24/76 |
| 0006E | Fremont Unified School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Sweetwater units for classified employees found appropriate. Existence of merit system in District does not mandate establishment of a comprehensive classified employee unit. more or view all topics or full text. | 1 | 21 | 12/16/76 |
| 0078E | Fallbrook Union High School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit Though among classified employees three units are presumptively appropriate (paraprofessional, office-technical and business services, and operations-support), other configurations may be appropriate when supported by sufficient evidence; pp. 5-6. ALJ's decision that wall- to-wall unit appropriate reversed because, contrary to ALJ's finding, no evidence that interaction of employees and threat of efficient operations sufficient to overcome presumption; however, since instructional and campus aides perform mostly clerical-type duties, presumption in favor of separate paraprofessional unit overcome; pp. 6-8. more or view all topics or full text. | 2 | 2217 | 12/04/78 |
| 0062E | Centinela Valley Union High School District 1309.01000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); In General/Definition of Appropriate Unit In unit determination cases, Board will scrutinize stipulated units to ensure they are consistent with EERA and established Board policies; policy of 3 presumptively appropriate classified units (see Sweetwater No. 4) is a sufficiently established policy to warrant overturning stipulated wall-to-wall unit pending examination of further evidence on remand; remand necessary because hearing officer merely accepted stipulated unit configuration; pp. 4-6. more or view all topics or full text. | 2 | 2163 | 08/07/78 |