All notes for Subtopic 1309.03000 – Community of Interest
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| A427E | Poway Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest 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. 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 |
| 2203M | City of Palmdale 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest 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 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest 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 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest 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 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest 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 |
| 2821M | County of Monterey 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest There is always variation between any two classifications in a bargaining unit, and such variation does not defeat community of interest if there are sufficient countervailing commonalities. (County of Santa Clara (2019) PERB Decision No. 2670-M, p. 30; San Joaquin Regional Transit District (2019) PERB Decision No. 2650-P, pp. 17-18.) Commonalities among critical employment characteristics between per diem and regular employee registered nurses and nurse practitioners outweighed differences by a wide margin. The sole characteristics distinguishing per diem and regular registered nurses (RN) and nurse practitioners (NP) related to scheduling, compensation, and job protections. Such typically bargainable distinctions do not overcome commonalities in characteristics that are less likely to be subject to bargaining, particularly where the per diem and regular classifications have the same education, skill, and licensure requirements, as well as the same duties. (pp. 12-15.) more or view all topics or full text. | 47 | 9 | 06/01/22 |
| 2821M | County of Monterey 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest County’s local rules specified which employment characteristics are most important in assessing community of interest: “duties, qualifications, skills, and working conditions of employees.” In this respect, the County’s local rules track precedent by eschewing reliance on wages, benefits, just cause protection, and other employment terms typically established through bargaining and instead focusing on less changeable characteristics. (San Joaquin Regional Transit District (2019) PERB Decision No. 2650-P, p. 17, citing Santa Clara County Office of Education (1990) PERB Decision No. 839, p. 2 and adopting proposed decision at p. 12 [community of interest determination should not turn on differences in wages, benefits, and other terms and conditions of employment that are primarily controlled by the employer and may be changed through collective bargaining].) (p. 12.) more or view all topics or full text. | 47 | 9 | 06/01/22 |
| 2788M | City of Pasadena 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest The City reasonably rejected petitioner’s claim that the petitioned-for employees have a community of interest separate and distinct from those employees in the established General Municipal Employees and Clerical and Technical bargaining units. Working conditions, such as round-the-clock work shifts and difficult interactions with the public—the primary community of interest factors petitioner addressed—are neither unique to the petitioned-for unit nor always sufficient on their own to warrant separate representation. (Los Rios Community College District (2018) PERB Decision No. 2587, p. 5; City of Lodi (2010) PERB Decision No. 2142-M, adopting proposed decision at p. 10.) more or view all topics or full text. | 46 | 61 | 09/01/21 |
| 2650P | San Joaquin Regional Transit District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Community of interest is determined by the totality of circumstances. (Monterey Peninsula Community College District (1978) PERB Decision No. 76, p. 13.) In determining whether a community of interest exists, we do not “go[] down a check list” of these factors but rather ascertain whether employees share a substantial mutual interest in matters subject to meeting and negotiating. (Ibid.) PERB has consistently declined to give significance in the community of interest analysis to differences in wages, benefits, and other terms and conditions of employment that are primarily controlled by the employer and may be changed through collective bargaining. (Santa Clara County Office of Education (1990) PERB Decision No. 839, p. 2 and adopting proposed decision at p. 12.) more or view all topics or full text. | 44 | 11 | 06/21/19 |
| A453H | Regents of the University of California 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest 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 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest 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 |
| 2509E | Oakland Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest In defining “community of interest,” PERB has considered such factors as job functions, qualifications, training, skills, supervision, frequency of contact with other employees, integration of work functions of other employees, method of wage payment, hours of work, etc. PERB has eschewed a rigid application of these factors and instead assesses them based on the totality of the circumstances. more or view all topics or full text. | 41 | 111 | 12/29/16 |
| 2509E | Oakland Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest In the community of interest analysis, the Board considers actual job duties, not job descriptions. more or view all topics or full text. | 41 | 111 | 12/29/16 |
| 2484E | California Virtual Academies 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Where the proposed bargaining unit is comprised of certificated teachers employed by 11 on-line charter schools, a single statewide bargaining unit is appropriate; even in settings where employees work in physical rather than virtual locations, statewide bargaining units are common; moreover, geography is no impediment to community of interest in a virtual environment. more or view all topics or full text. | 41 | 18 | 06/28/16 |
| 2422H | Regents of the University of California 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest No one criterion in the Board’s community of interest analysis is determinative. All criteria are considered, some criteria may receive different weight and consideration in different factual settings in order to further the purposes of the statute. Hearing Officer’s finding that Unit 18 employees do not have similar levels of education as other groups of academic employees was not supported by the record and even at odds with the Hearing Officer’s own factual findings. However, because of the relatively minor role played by educational levels in the proposed decision’s community of interest analysis, the error was determinative or sufficient to require reversing the Hearing Officer’s ultimate conclusion that Unit 18 members do not share a sufficient community of interest with current Professors of Practice to warrant the latter’s inclusion in Unit 18. Unlike unfair practice cases, in unit determination proceedings, there is no adjudication of unfair practice allegations against a respondent. Because unit determination proceedings lack the kind of notice or due process protections necessary for a finding of liability against a party, the Board declined to decide whether an employer’s email correspondence demonstrated anti-union animus in a representation matter. Because unit placement determinations are based largely on the actual duties assigned and performed, Hearing Officer appropriately denied petition regarding Visiting Professor of Practice series, where the positions were vacant and thus, there were no assigned duties to consider. more or view all topics or full text. | 39 | 156 | 05/07/15 |
| 2354M | City of Sacramento 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest The MMBA does not specify the criteria to be used when making unit determinations in cases of a dispute. In determining whether a community of interest exists among employees within a unit, both the courts and the Board analyze a variety of factors, including 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 common goals. more or view all topics or full text. | 38 | 118 | 02/14/14 |
| 2379E | Center Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest 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).) Significant differences in the wages, hours, and other terms and conditions of employment between two groups of employees does not automatically preclude finding a community of interest, and should not be controlling for determining community of interest, particularly when one group is unrepresented and would therefore be allowed to bargain for different wages, hours and terms and conditions if admitted into the unit. more or view all topics or full text. | 39 | 10 | 06/27/14 |
| 2183E | Orcutt Union Elementary School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest 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 |
| A384E | Castaic Union School District * * * OVERRULED by amendment to EERA section 3540.1, subdivision (e), Stats. 2011, Ch. 674, and Center Unified School District (2014) PERB Decision No. 2379 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest * * * OVERRULED by Stats. 2011, ch. 674 (A.B. 501), § 1, and Center Unified School District (2014) PERB Decision No. 2379, which provide that non-classified, non-certificated noon duty aides are included in EERA’s definition of “public school employee” even though the Education Code expressly excludes such employees from the definition of “classified service.” * * *Board agent erred in relying solely on prior PERB decisions that placed part-time playground positions in classified employee bargaining unit. There was no evidence in the record to establish a community of interest between noon-duty aide positions named in unit modification petition and school district’s classified employees. more or view all topics or full text. | 34 | 120 | 08/09/10 |
| 2119M | County of Riverside 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest PERB deferred to local agency’s determination that employees in proposed unit lacked a community of interest when some 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 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Case managers share a community of interest with other classifications in residual health care professional unit because case managers: (1) are involved in patient care in a specialized capacity; (2) have common skills and duties, especially with clinical social workers; (3) possess advanced educational qualifications and skills; (4) have similar working conditions; and (5) share common supervision. more or view all topics or full text. | 34 | 81 | 05/10/10 |
| 1911E | Santa Clara Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest The case at hand, the record establishes that there is a separate community of interest among adult education teachers. However, this finding must be balanced against a separate unit’s effect on efficiency of operations of the District. more or view all topics or full text. | 31 | 115 | 06/26/07 |
| 1688E | Elk Grove Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest 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. more or view all topics or full text. | 28 | 253 | 09/17/04 |
| 1623E | Fontana Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest The duty aides possess sufficient community of interest with the wall-to-wall classified unit to warrant inclusion in the bargaining unit. Their exclusion from the classified service under Education Code section 45103 does not preclude their exercise of rights under EERA. The duty aides are regularly-scheduled part-time employees who have a continued expectation of employment. The duty aides’ lack of a formal job description, lower pay, and limited benefits are not controlling in determining community of interest since these issues are subject to negotiations if the petition is granted. Not all duties must be identical to establish a community of interest. more or view all topics or full text. | 28 | 145 | 04/28/04 |
| 1627E | San Joaquin County Office of Education 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest 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 an appropriate unit. 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 an dis quite different than clerical employees. more or view all topics or full text. | 28 | 149 | 05/04/04 |
| 1445E | San Diego Community College District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Based upon the record, the Board weighs the similarity in work performed more heavily than the other community of interest factors to conclude that the continuing education counselors share a greater community of interest with the college counselors than with the continuing education faculty, therefore inclusion in the same unit as the college counselors is appropriate. more or view all topics or full text. | 25 | 32085 | 06/15/01 |
| 1429E | Lodi Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Request for severance denied where evidence failed to support finding that Information Services Department employees have a separate and distinct community of interest from other professional and technical employees of District. Like information service employees, other professional and technical employees are required to have college education and/or advanced training, work flexible schedules, and are required to travel from a central work location to other work sites. Also, the information services employees a lack common supervision and have frequent work-related interaction with other classified employees. more or view all topics or full text. | 25 | 32055 | 04/30/01 |
| 1434E | Wheatland Elementary School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest School secretaries share a community of interest based on common duties, functions, working conditions and supervision. This community of interest is distinct and separate from other classified employees of the district because only these employees perform primarily clerical work. more or view all topics or full text. | 25 | 32056 | 05/04/01 |
| 1068E | San Francisco Community College District (Laborers’ International Union of North America) 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Building trades classifications share similar and other related job functions; p. 5. more or view all topics or full text. | 19 | 26011 | 11/17/94 |
| 1267E | Los Angeles Unified School District and Busdrivers Association for Unity and Service Employees International Union Local 99 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Variant unit must be more appropriate than Sweetwater units based on separate community of interest. more or view all topics or full text. | 22 | 29106 | 06/16/98 |
| 1086E | San Francisco Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest The community of interest found to exist among the crafts employees of the Building and Grounds Department defeats the attempt to form single craft units; p. 32, proposed dec. The glaziers, sheet metal workers and electricians share a community of interest, but that community of interest is not distinct and separate from that shared with other crafts employees with whom they are functionally integrated and share supervision, working conditions, work locations, training and use of tools; p. 33, proposed dec. more or view all topics or full text. | 19 | 26064 | 03/01/95 |
| 1022E | Stanislaus County Office of Education 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Naturalists share a community interest with certificated unit employees as both groups are credentialed, deal directly with children and share the goal of providing services to school districts in Stanislaus County; pp. 18-21, proposed dec. more or view all topics or full text. | 18 | 25005 | 10/26/93 |
| 0839E | Santa Clara County Office of Education 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Due to the similarity in job duties and terms and conditions of employment, substitute and full-time bus drivers share a community of interest that is not negated by differences that have arisen during the period that the substitutes have been excluded from the unit; such differences are amenable to resolution through the negotiations process; p. 2; pp. 8-12, proposed dec. Substitutes who work a substantial number of hours per week, and often work five days a week, are not "casual" employees with a sporadic or intermittent relationship to the employer that would preclude sufficient community of interest with regular employees; pp. 12-13, proposed dec. more or view all topics or full text. | 14 | 21178 | 09/18/90 |
| 0820E | Hemet Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest "Community of interest" not a factor to be addressed where "appropriateness of the unit" is not at issue, as is the case where unit modification petition seeks to simply add unrepresented positions to existing unit; p. 10. more or view all topics or full text. | 14 | 21132 | 06/26/90 |
| 0816E | South Bay Union Elementary School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest A wall-to-wall unit of classified employees may be appropriate where there exists interchangeable functions and parallel working conditions consistent with the community of interest required to find a unit appropriate under EERA section 3545(a); p. 9. more or view all topics or full text. | 14 | 21123 | 06/15/90 |
| 0801E | Kings County Office of Education 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Under the criteria set forth in EERA section 3545(a), pupil services personnel are appropriately included in a unit of certificated instructional personnel; p. 7. more or view all topics or full text. | 14 | 21081 | 03/29/90 |
| A361M | City of Glendale 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest The union failed to provide any evidence showing a lack of community interest with other classifications in the union. The union’s claim that it had effectively represented similar units in other cities is insufficient to show the unit determination decision was unreasonable. more or view all topics or full text. | 31 | 89 | 04/13/07 |
| 0352E | Palo Alto Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest 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 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Substitute teachers have community of interest with full time teachers. Question of disruption is part of Peralta test. Rebuttable presumption that all classroom teachers will be contained in a single unit. more or view all topics or full text. | 7 | 14183 | 06/20/83 |
| 0306H | Unit Determination for Housestaff Employees of the University of California 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest As employees in the systemwide housestaff unit share a significant occupational community of interest, and a systemwide housestaff unit will avoid fragmentation of employee groups and unnecessary proliferation of units, Board concluded that a systemwide unit of housestaff employees is appropriate; p. 12. 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) 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Qualifications, job function, compensation, hours of work, fringe benefits, integration of work function, and interchange between employees are relevant in determining community of interest; p. 5. It is appropriate to include indeterminate-time employees in unit of full-time employees where they share a substantial mutual interest in matters subject to meeting and negotiation; pp. 8-9. As student indeterminate-time employees primary focus in on education rather than vocation, Board concludes their interest in bargaining matters is so limited and insubstantial to warrant their exclusion from units; p. 7. Due to divergent employment interests and tenuous employment relationship, students and faculty in summer programs do not have a community interest with regular, full-time career employees; p. 13. Employees in Women's Re-Entry Program should be excluded from units community interest with regular, full-time career employees; p. 13. Employees in Women's Re-Entry Program should be excluded from units Individuals hired less than one year to perform a task do share sufficient community of interest with bargaining unit employees and have a reasonable expectation of employment, and should be included in the units; p. 15. 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) 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Rules for appropriate university units set forth in HEERA section 3579. Board finds systemwide units of occupational groups appropriate. more or view all topics or full text. | 7 | 14027 | 12/28/82 |
| 0168E | Antelope Valley Community College District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Board raises sua sponte in representation case that question of whether employees in the classification of tool assistant should be excluded from a unit operations-support services employees. These employees share more community of interest with maintenance employees than with aides even though they do have contact with students through issuance of tools. more or view all topics or full text. | 5 | 12069 | 06/25/81 |
| 0170E | San Diego Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest A unit consisting solely of hourly paid bus drivers is not appropriate and is denied even though denial of the petition means the employees will not be represented. Hourly drivers perform the same work as monthly drivers. Both have virtually identical conditions of employment and the hourly driver's community of interest with the monthly drivers is indisputable. more or view all topics or full text. | 5 | 12071 | 06/25/81 |
| 0176H | Unit Determination - California State University and Colleges (Nonprofessional) 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Warehouse worker belongs to CSU Unit 5 even though incumbents in the position normally do not report directly to the director of plant operations. Community of interest consideration outweigh reporting relationship and bifurcation of work location. more or view all topics or full text. | 5 | 12152 | 11/17/81 |
| 0988S | State of California (Department of Personnel Administration) (American Federation of State, County and Municipal Employees) 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Board agent concluded that community of interest previously found to exist by the Board when it created Unit 19 still exists; p. 22. Although psychologists do have occupational characteristics which make them unique, the Board in creation of the unit recognized the differences; pp. 22-23. Crea6ion of new unit while occupationally fairly homogeneous, would include classifications with marked differences in education, licensing requirements, and job duties; pp. 23-24. more or view all topics or full text. | 17 | 24070 | 04/09/93 |
| 0974H | Regents of the University of California (Lawrence Livermore) 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest The record does not support a finding that a unit composed of both Protective Service Officers and Control Alarm Station Operators is an appropriate unit under section 3579. The Board reaffirms The Regents of the University of California (1986) PERB Decision No. 586-H and the petition is remanded to the regional director to take such action as is consistent with this decision. more or view all topics or full text. | 17 | 24048 | 02/17/93 |
| 0114E | Redondo Beach City School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest 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 |
| 0109E | Compton Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Association failed to show that a separate unit of skilled craft employees had community of interest separate and distinct from operations and support employees; Sweetwater presumption applied; pp. 9-10. more or view all topics or full text. | 3 | 10139 | 10/26/79 |
| 0102E | Oakland Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Majority finds separate unit of substitute teachers inappropriate. No majority on proper analysis: one member finds per diem employees not entitled to negotiating rights; one finds that the substitutes do not have sufficient community of interest; pp. 1-11. more or view all topics or full text. | 3 | 10122 | 09/20/79 |
| 0090E | San Jose Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Adult education teachers do not share a community of interest with existing regular classroom teacher unit, so they should be excluded from that unit; p. 2; pp. 8-12, proposed dec. Unit should include all adult education teachers, not only those teaching 10 or more hours per week, as only difference between the two groups are that those who who work less than 15 hours per week receive no fringe benefits; efficiency of operations could be adversely affected by having to negotiate with two units, one of which would contain only about 9% of adult education teachers; pp. 12-15, proposed dec. more or view all topics or full text. | 3 | 10034 | 02/14/79 |
| 0093E | Arcadia Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Board decided that although it is preferable to have a unit of all certificated employees, where teaching certificated employees were already represented, a unit of non-teaching certificated employees shared a sufficient community of interest to be in separate unit; pp. 11-16. more or view all topics or full text. | 3 | 10070 | 05/17/79 |
| 0087E | Rio Hondo Community College District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Part-time instructors properly in unit with full-time instructors based on strong community of interest, particularly with regard to job functions; pp. 8-11. Follows Hartnell No. 81--Board will no longer require that part-time employees have taught 3 of past 6 semesters to be included in unit; p. 12. Summer session instructors share sufficient community of interest to be placed in unit with part-time and full-time instructors--due to identity of job functions and fact that almost all are also regular year instructors; pp. 13-15. more or view all topics or full text. | 3 | 10027 | 01/25/79 |
| 0088E | Glendale Community College District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Adult education instructors properly placed in certificated unit because they share a strong community of interest; differences between the groups, particularly a different line of supervision, are insufficient to negate their common interests; earlier cases excluding adult education instructors in elementary and high school districts distinguishable because, in community colleges adult education, adult education programs not completely separate and ancillary to regular program; pp. 13-17. more or view all topics or full text. | 3 | 10030 | 01/30/79 |
| 0050E | Oakland Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Given uniqueness of children's center program and potential for conflicting interests with other paraprofs., separate unit of children's center paraprofs. is appropriate. more or view all topics or full text. | 2 | 2089 | 04/14/78 |
| 0055E | Marin Community College District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Separate and distinct community of interest makes separate technical/ quasi-professional and office-clerical units appropriate; pp. 4-8. Staffing difference in community college district distinguish composition of units from those found appropriate in Sweetwater No. 4 and Fremont No. 6 (K-12). more or view all topics or full text. | 2 | 2130 | 06/26/78 |
| 0049E | San Mateo Union High School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Food service substitutes not appropriate to unit because of insufficient community of interest with regular employees; evidence insufficient to overcome Sweetwater presumption that operations- support unit, including all skilled trades, is appropriate. more or view all topics or full text. | 2 | 2074 | 03/22/78 |
| 0033E | Paramount Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Counselors included in unit with classroom teachers based on community of interest. Part-time children center teachers included in unit with classroom teachers based on community of interest. more or view all topics or full text. | 1 | 437 | 10/07/77 |
| 0035E | Greenfield Union School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Interchangeable functions and parallel working conditions consistent with community of interest may make a wall-to-wall unit appropriate. more or view all topics or full text. | 1 | 483 | 10/25/77 |
| 0025E | Placer Union High School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Psychologists, Counselors and Teachers share community of interest and are included in single unit. more or view all topics or full text. | 1 | 380 | 09/12/77 |
| 0028E | San Diego Community College District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest No sufficient separate community of interest shown among administrative aides, system analyst programmers, accountants, junior accountants, and buyers for these employees to be excluded from Sweetwater office-technical unit and placed in "professional unit." more or view all topics or full text. | 1 | 447 | 09/16/77 |
| 0029E | Norwalk-La Mirada Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Factors to be considered in determining community of interest; Sweetwater units determined to be appropriate. more or view all topics or full text. | 1 | 473 | 09/16/77 |
| 0030E | Sacramento City Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Skilled crafts, food services, transportation, custodial and warehouse employees together constitute a Sweetwater operation-support services unit based on community of interest. Office-technical and business services unit found appropriate. more or view all topics or full text. | 1 | 475 | 09/20/77 |
| 0024E | Pleasanton Joint Elementary School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Community of interest exists between certificated employees and counselors. more or view all topics or full text. | 1 | 438 | 09/12/77 |
| 0018E | Los Rios Community College District * * * OVERRULED IN PART by Hartnell Community College District (1979) PERB Decision No. 81 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest * * * OVERRULED IN PART by Hartnell Community College District (1979) PERB Decision No. 81, where the Board found no basis for excluding from the unit part-time faculty who taught fewer than three of the last six semesters. * * *Full-time and part-time instructors share a community of interest and should be in one unit. Established practices further dictate one unit. more or view all topics or full text. | 1 | 185 | 06/09/77 |
| 0014E | New Haven Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Interns are primarily students and thus do not share a community of interest with regular teachers. CETA instructors do not share a community of interest with regular teachers. Home Instructors, Adult School Teachers and Summer School Teachers do not share community of interest with regular teachers. more or view all topics or full text. | 1 | 121 | 03/22/77 |
| 0015E | Oakland Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Counselors share a community of interest with teachers. Psychologists share a community of interest with the certificated unit. Children's center employees do not share a community of interest with regular certificated, are not "classroom teachers" and should have a separate unit. more or view all topics or full text. | 1 | 137 | 03/28/77 |
| 0011E | Grossmont Union High School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Counselors, psychologists, school nurses, and social workers are appropriate in general certificated unit because of community of interest and bargaining history. Temporary teachers appropriate in general certificated unit because of community of interest. more or view all topics or full text. | 1 | 67 | 03/09/77 |
| 0013E | Lompoc Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Adult Educations teachers do not share a community of interest with regular certificated employees. Homebound teachers do not share a community of interest with regular certificated employees. more or view all topics or full text. | 1 | 80 | 03/17/77 |
| 0007E | Belmont Elementary School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Community of interest between regular and part-time teachers. Temporary teachers share community of interest with regular teachers. Long term substitutes lack a community of interest with regular teachers. Summer school teachers lack a community of interest with regular teachers. more or view all topics or full text. | 1 | 27 | 12/30/76 |
| 0009E | Petaluma City Elementary and High School Districts 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Community of interest criterion used excludes summer school teachers, long-term substitutes, home teachers, and adult education teachers from a unit of regular teachers. more or view all topics or full text. | 1 | 58 | 02/22/77 |
| 0010E | Foothill-DeAnza Community College District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest 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 |
| 0003E | Pittsburg Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest 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. more or view all topics or full text. | 1 | 6 | 10/14/76 |
| 0004E | Sweetwater Union High School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Instructional aide unit appropriate based on distinct community of interest. Instructional aide who performs mainly clerical tasks and has little student interaction is not included in this unit. more or view all topics or full text. | 1 | 10 | 11/23/76 |
| 0005E | Los Angeles Unified School District (United Teachers Los Angeles) 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Community of interest includes the following factors: qualifications, training and skills, job functions, methods of wages or pay schedule, hours of work, fringe benefits, supervision, frequency of contact with other employees, integration with work functions of other employees and interchange with other employees. more or view all topics or full text. | 1 | 18 | 11/24/76 |
| 0081E | Hartnell Community College District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Part-time faculty share strong community of interest with full-time faculty and should be in same unit, whether or not they have taught 3 of the last 6 semesters therefore, Los Rios No. 18 and its progeny overruled; pp. 5-7. more or view all topics or full text. | 3 | 10016 | 01/02/79 |
| 0076E | Monterey Peninsula Community College District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Parks and recreation instructors not appropriately included in unit with other distinct faculty because they have district work functions, hours, supervision and other terms and conditions, work in isolation from these in unit, and have an attenuated employment relationship with the district; pp. 13-17. more or view all topics or full text. | 2 | 2204 | 10/16/78 |
| 0077E | Peralta Community College District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Skills center teachers sufficiently lacking in community of interest to justify exclusion from overall certificated union, as interests of the two groups are sufficiently disparate that the negotiating process might be seriously impeded by internal disruption; pp. 15-19. more or view all topics or full text. | 2 | 2214 | 11/17/78 |
| 0059E | Office of the Santa Clara County Superintendent of Schools 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest In determining whether community of interest exists, Board will consider method of compensation, wages, hours, employment benefits, supervision, qualifications, training and skills, work functions, contact with other employees, integration with work functions of other employees, and interchange with other employees; p. 6. Based primarily on integration of work functions and interchange with other employees in unit, film clerk/packers and film inspectors I and II have greater community of interest with those in operations-support services unit than with those in office-technical and business services unit; pp. 7-10. more or view all topics or full text. | 2 | 2150 | 07/19/78 |
| 0063E | Beverly Hills Unified School District 1309.03000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Community of Interest Given similarity in job functions, substantial contact, interchange and interaction with operation-support services employees, and consistent with Sweetwater No. 4 and its progeny, food service employees should be in that unit rather than in residual white collar unit; p. 5. more or view all topics or full text. | 2 | 2164 | 08/08/78 |