All notes for Subtopic 1309.02000 – Bargaining/Representation History

DecisionDescriptionPERC Vol.PERC IndexDate
A472E St. Hope Public Schools
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
The OGC’s over-emphasis on the traditional community of interest factors prevented the AD from giving proper weight to the fact that the organizing campaign took place almost exclusively among the regular staff, a majority of whom supported SCTA as their exclusive representative. In other words, the AD did not comply with Peralta and EERA section 3545, subdivision (a), which requires the Board to consider established practices, including the extent to which employees in the requested unit have organized themselves into a coherent bargaining unit. In our view, particularly given that day-to-day substitutes’ community of interest with the rest of the unit was weaker than average, the evidence regarding extent of organization is sufficient to tip the analytical balance, rebut the presumption favoring a comprehensive unit, and demonstrate the appropriateness of the requested unit. more or view all topics or full text.
438612/06/18
2667P San Diego Metropolitan Transit System
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
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.
09/06/19
2667P San Diego Metropolitan Transit System
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
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
1911E Santa Clara Unified School District
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
At the time of initial petitioning by employee organizations in 1976 there were not adult education teachers, therefore no issue arose as to whether they belonged in a wall-to-wall certificated unit. Since 1981, however, adult education teachers have worked for the District without any representation. more or view all topics or full text.
3111506/26/07
1881H Trustees of the California State University
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
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.
01/24/07
1445E San Diego Community College District
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
Where current unit configuration, voluntarily established by the parties, does not coincide with Board decisions, but separates college counselors and faculty from continuing education counselors and faculty into two units, the units are not presumptively appropriate. Where units are not presumptively appropriate, and would not become so if the unit modification petition were granted, the petition is judged by whether the proposed unit is an appropriate unit. Voluntary establishment of wall-to-wall unit from which joint petitioners seek to remove continuing education counselors negates at least a portion of the deference the negotiating history would otherwise be afforded, therefore unlike the hearing officer, the Board does not rely on the negotiating history to "tip the scale" in favor of dismissing the petition. more or view all topics or full text.
253208506/15/01
1429E Lodi Unified School District
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
Where unit established by voluntary agreement and it appropriateness never fully litigated before PERB, negotiating will be given less difference than normal. more or view all topics or full text.
253205504/30/01
1434E Wheatland Elementary School District
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
Negotiating history not granted same deference as normally given when existing wall to wall unit established by voluntary recognition and its appropriateness was never fully litigated. more or view all topics or full text.
253205605/04/01
1315E Long Beach Community College District and Long Beach Comjunity College Police Officers Association and California School Employees Association
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
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.
233006402/09/99
1267E Los Angeles Unified School District and Busdrivers Association for Unity and Service Employees International Union Local 99
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
History of negotiations must be considered in a severance case along with 3 factors described in the statute. more or view all topics or full text.
222910606/16/98
1039H Regents of the University of California (Hospital and Health Care Workers Local 250, Service Employees International Union)
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
The presumptive validity of established units and HEERA's specific statutory criteria renders the union's proposed unit inappropriate irrespective of the NLRB's established successorship/accretion doctrine; p. 14. A very strong presumption arises from approval of an appropriate unit by PERB; p. 16. The preexisting labor relationship in the private section does not outweigh the specific language of HEERA or overcome the presumption of appropriateness of PERB-established units; p. 17. more or view all topics or full text.
182505303/08/94
1025S State of California (Department of Personnel Administration) (American Federation of State, County and Municipal Employees, Guild for Professional Pharmacists)
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
Bargaining history and the relationship between the group seeking severance and the majority are relevant and key factors to be considered when considering the question of whether one unit is more or less appropriate than another; p. 28, proposed dec. In determining this severance petition, the overriding consideration has been the practice, in terms of organizational structure and otherwise, of AFSCME to accommodate the interests of the pharmacy- related classifications; p. 33, proposed dec. more or view all topics or full text.
182501011/16/93
1022E Stanislaus County Office of Education
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
PERB lacks authority to force an employee organization to represent employees against its will. more or view all topics or full text.
182500510/26/93
0839E Santa Clara County Office of Education
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
Prior bargaining positions that arguably conflicted with interests of substitute drivers sought to be added to unit insufficient to warrant exclusion from unit and do not represent irreconcilable conflicts which will disrupt negotiations once the union represents both groups in the same unit; p. 14, proposed dec. more or view all topics or full text.
142117809/18/90
0794S State of California (Department of Personnel Administration)
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
Board considered parties' bargaining history, including internal strife, to determine whether a more appropriate unit existed; pp. 7-8. more or view all topics or full text.
142106302/22/90
0352E Palo Alto Unified School District
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
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.
71427810/24/83
0165E Livermore Valley Joint Unified School District
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
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.
51206306/22/81
0988S State of California (Department of Personnel Administration) (American Federation of State, County and Municipal Employees)
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
Although psychologists have interests which distinguish them from other occupations in Unit 19 (e.g., a desire as well as a legal right to be admitted to medical staffs there is little evidence this has caused dissension among unit members or created an unstable bargaining situation; pp. 24-25. Bargaining history of Unit 19 revealed in case similar to that shown to exist in State of California (Department of Personnel Administration) (1989) PERB Decision No. 773-S where there was no "evidence that the interests of the employees included in the severance petition were trampled upon or ignored;" p. 25. more or view all topics or full text.
172407004/09/93
0010E Foothill-DeAnza Community College District
1309.2000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History
Skilled crafts and maintenance unit found appropriate based on community of interest, bargaining history and efficiency of operations. more or view all topics or full text.
16403/01/77