All notes for Subtopic 1309.02000 – Bargaining/Representation History
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2788M | City of Pasadena 1309.02000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Bargaining/Representation History City reasonably determined that the proposed unit is not appropriate, where the petitioned-for unit would include the City’s 12 unrepresented Police Supervisors, in addition to nearly 80 employees severed from two represented bargaining units. The City reasonably found the positive history of labor relations spanning several decades evidenced a stable collective bargaining relationship weighing against severing classifications from established units. The City’s determination reflects the principle that severing classifications from an established unit can destabilize negotiating relationships. (Los Rios Community College District (2018) PERB Decision No. 2587, pp. 4-6.) Accordingly, maintaining continuity generally weighs against severance, absent proof that collective negotiations are incapable of addressing the needs of a discrete minority within an existing unit. (Ibid.) Even if the incumbent unions did not achieve bargaining success in every area of concern to non-sworn police personnel, petitioning Association failed to demonstrate that any lack of bargaining success was due to the incumbents’ failure to represent non-sworn personnel interests adequately in relation to other classifications. (State of California (2011) PERB Decision No. 2214-S, p. 9 [severance petitioner required to show that lack of bargaining success resulted from the incumbent unions’ failure to represent adequately the petitioned-for employees].) more or view all topics or full text. | 46 | 61 | 09/01/21 |
| A472E | St. Hope Public Schools 1309.02000: 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. | 43 | 86 | 12/06/18 |
| 2667P | San Diego Metropolitan Transit System 1309.02000: 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. | 44 | 60 | 09/06/19 |
| 2667P | San Diego Metropolitan Transit System 1309.02000: 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. | 44 | 60 | 09/06/19 |
| 1911E | Santa Clara Unified School District 1309.02000: 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. | 31 | 115 | 06/26/07 |
| 1881H | Trustees of the California State University 1309.02000: 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. | 31 | 51 | 01/24/07 |
| 1445E | San Diego Community College District 1309.02000: 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. | 25 | 32085 | 06/15/01 |
| 1429E | Lodi Unified School District 1309.02000: 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. | 25 | 32055 | 04/30/01 |
| 1434E | Wheatland Elementary School District 1309.02000: 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. | 25 | 32056 | 05/04/01 |
| 1315E | Long Beach Community College District and Long Beach Comjunity College Police Officers Association and California School Employees Association 1309.02000: 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. | 23 | 30064 | 02/09/99 |
| 1267E | Los Angeles Unified School District and Busdrivers Association for Unity and Service Employees International Union Local 99 1309.02000: 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. | 22 | 29106 | 06/16/98 |
| 1039H | Regents of the University of California (Hospital and Health Care Workers Local 250, Service Employees International Union) 1309.02000: 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. | 18 | 25053 | 03/08/94 |
| 1025S | State of California (Department of Personnel Administration) (American Federation of State, County and Municipal Employees, Guild for Professional Pharmacists) 1309.02000: 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. | 18 | 25010 | 11/16/93 |
| 1022E | Stanislaus County Office of Education 1309.02000: 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. | 18 | 25005 | 10/26/93 |
| 0839E | Santa Clara County Office of Education 1309.02000: 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. | 14 | 21178 | 09/18/90 |
| 0794S | State of California (Department of Personnel Administration) 1309.02000: 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. | 14 | 21063 | 02/22/90 |
| 0352E | Palo Alto Unified School District 1309.02000: 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. | 7 | 14278 | 10/24/83 |
| 0165E | Livermore Valley Joint Unified School District 1309.02000: 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. | 5 | 12063 | 06/22/81 |
| 0988S | State of California (Department of Personnel Administration) (American Federation of State, County and Municipal Employees) 1309.02000: 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. | 17 | 24070 | 04/09/93 |
| 0010E | Foothill-DeAnza Community College District 1309.02000: 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. | 1 | 64 | 03/01/77 |