All notes for Subtopic 1309.04000 – Efficiency of Operation
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2788M | City of Pasadena 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation The City did not unreasonably apply its local rules when it found that any labor negotiation efficiencies to be gained by placing all non-sworn Police Department employees into a single bargaining unit represented by a single exclusive representative were offset by the increase in the number of bargaining units and by the inefficiency of fragmenting classifications between more than one unit. Unit proliferation is not determinative by itself; for instance, potential inefficiency resulting from such proliferation can be offset by other factors, such as providing residual unrepresented employees a reasonable unit placement and therefore an opportunity to exercise their statutory rights. (Salinas Valley Memorial Hospital District (2020) PERB Decision No. 2689-M, pp. 30-31 [despite employer’s prediction regarding potential future inefficiencies, employer was required to create a separate unit for residual unrepresented employee group where union representing larger unit had declined opportunity to have the residual employees added]; Los Rios Community College District (2018) PERB Decision No. 2587, p. 7 [efficiency argument militates against severance only if there is concrete evidence that an employer’s operational efficiency will be unduly impaired].) more or view all topics or full text. | 46 | 61 | 09/01/21 |
| 2689M | Salinas Valley Memorial Hospital District 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation In cases where unit proliferation is at issue, the employer may rely on the adverse impact on its operational efficiency in its unit determination analysis. (Pleasanton Joint School District/Amador Valley Joint Union High School District (1981) PERB Decision No. 169, p. 4.) However, if dismissing the petition effectively denies employees the right to representation, the employer's rejection based on the inappropriateness of the unit is generally warranted only where there is “convincing evidence in support of the . . . claim that efficiency of its operations would be impaired.” (Ibid.) The Board found that the Hospital’s evidence was purely speculative and insufficient to demonstrate concrete operational harm. more or view all topics or full text. | 44 | 119 | 01/13/20 |
| 2587E | Los Rios Community College District 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation “Efficiency of operations” criterion militates against severance only if there is concrete evidence that an employer’s operational efficiency will be unduly impaired by an additional set of negotiations. (Long Beach Community College District, (1999) PERB Decision No. 1315, adopting proposed decision at p. 12; Livermore Valley Joint Unified School District (1981) PERB Decision No. 165, p. 8.) more or view all topics or full text. | 43 | 61 | 10/02/18 |
| 2183E | Orcutt Union Elementary School District 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation Unit modification petitioner fails to establish that inclusion of charter school teachers in a district-wide bargaining unit would not adversely affect efficiency of operations or unduly interfere with the ability of the district to achieve the goals set forth in its charter petition or in the Charter School Act. more or view all topics or full text. | 36 | 1 | 06/07/11 |
| 1911E | Santa Clara Unified School District 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation The District does not assert that the additional requirements of meeting with another employee organization would be burdensome. The addition of employees into a unit that does not currently represent the employees may create an unstable relationship the Board has urged be avoided. Coupled with the significant amount of testimony regarding how the unrepresented employees specifically chose a different bargaining representative, a forced accretion into a long established unit may create a destabilizing force neither the District nor UTSC desires. more or view all topics or full text. | 31 | 115 | 06/26/07 |
| 1623E | Fontana Unified School District 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation Efficiency of the employer’s operation has not been found to outweigh representation rights. more or view all topics or full text. | 28 | 145 | 04/28/04 |
| 1445E | San Diego Community College District 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation Neither having to add a continuing education administrator to the District's bargaining team, nor requiring continuing education administrators to become more familiar with a new contract stand as an impediment to granting the unit modification petition. more or view all topics or full text. | 25 | 32085 | 06/15/01 |
| 1505E | Mendocino County Office of Education 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation The Board held that the four clerical employees were not confidential, distinguishing Calexico Unified School District (1990) PERB Decision No. 800 and Hemet Unified School District (1990) PERB Decision No. 820, in that the supervisors in this case intentionally prevented their secretaries from performing confidential duties and, in fact, rarely performed those duties themselves. The convenience to the MCOE of having these employees prospectively perform confidential duties without evidence of past quantifiable burden to the MCOE’s operations does not support exclusion of the disputed employees from the bargaining unit. more or view all topics or full text. | 27 | 16 | 12/24/02 |
| 1068E | San Francisco Community College District (Laborers’ International Union of North America) 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation Employer's concerns over the potential impact on its efficiency of operations if one small craft unit approved thus leading to a proliferation of small units cannot be dismissed as "speculative"; p. 28, proposed dec. more or view all topics or full text. | 19 | 26011 | 11/17/94 |
| 1025S | State of California (Department of Personnel Administration) (American Federation of State, County and Municipal Employees, Guild for Professional Pharmacists) 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation Although there was no reason to conclude that granting the severance petition would result in a flood of severance actions and the proliferation of an untenable number of units, it is recognized that the additional burden on the State is a factor to be considered; p. 33, proposed dec. more or view all topics or full text. | 18 | 25010 | 11/16/93 |
| 1022E | Stanislaus County Office of Education 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation Conclusory statements without specific detail are not sufficient to support the claim; p. 21, proposed dec. more or view all topics or full text. | 18 | 25005 | 10/26/93 |
| 0352E | Palo Alto Unified School District 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation 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 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation Board found community of interest between substitutes and regular certificated teachers despite differences in wages and fringe benefits, no reasonable expectation of employment, potential conflict of interest, and differences in credential status. more or view all topics or full text. | 7 | 14183 | 06/20/83 |
| 0169E | Pleasanton Joint School District/Amador Valley Joint Union High School District 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation Employers' claim that creation of a unit of five psychologists would impair efficiency of operation is rejected. The school districts have not shown how this burden of negotiations would actually impair their operations within the meaning of the statute. more or view all topics or full text. | 5 | 12070 | 06/25/81 |
| 0168E | Antelope Valley Community College District 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation An operations-support unit comprised of approximately 30 to 33 employees is appropriate despite costs employer will incur in bargaining with it. The fact that the employer may incur certain costs does not, of itself, constitute an impairment of the efficient operations of the employer. more or view all topics or full text. | 5 | 12069 | 06/25/81 |
| 0988S | State of California (Department of Personnel Administration) (American Federation of State, County and Municipal Employees) 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation In the absence of countervailing factors, the additional negotiation and administration of a new unit would have a negative impact upon state government and militates against granting severence; pp. 25-26. more or view all topics or full text. | 17 | 24070 | 04/09/93 |
| 0114E | Redondo Beach City School District 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation 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 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation 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; 8-12, proposed dec. Unit should include all adult eduction teachers, not only those teaching 10 or more hours per week, as only difference between the two groups are that those 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 |
| 0087E | Rio Hondo Community College District 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation No evidence presented that efficiency of operations would be impaired by placing part-time instructors in unit with full-time instructors--possibility of tenure rights for part-timers under Ed. Code irrelevant to unit placement; pp. 11-12. No evidence that efficiency of operations would be impaired by inclusion of summer session instructors in unit, in fact, given that nearly all also teach during the regular year; pp. 14-15. more or view all topics or full text. | 3 | 10027 | 01/25/79 |
| 0035E | Greenfield Union School District 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation Number of employees may be so small as to adversely affect efficient operations and make a wall-to-wall unit appropriate. more or view all topics or full text. | 1 | 483 | 10/25/77 |
| 0024E | Pleasanton Joint Elementary School District 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation Unnecessary to decide impact of a 4 person unit where no determination of a separate community of interest sufficient to justify separate unit. more or view all topics or full text. | 1 | 438 | 09/12/77 |
| 0025E | Placer Union High School District 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation Resolution of dispute over efficiency of operations would not affect unit placement so issue not addressed. more or view all topics or full text. | 1 | 380 | 09/12/77 |
| 0008E | San Diego Unified School District 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation Effects of excessive fragmentation of units reflects the legitimate concerns of an employer. more or view all topics or full text. | 1 | 33 | 02/18/77 |
| 0010E | Foothill-DeAnza Community College District 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation 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 |
| 0004E | Sweetwater Union High School District 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation Efficiency of employer operation is only one of three criteria for unit determination. more or view all topics or full text. | 1 | 10 | 11/23/76 |
| 0005E | Los Angeles Unified School District (United Teachers Los Angeles) 1309.04000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Efficiency of Operation Where no evidence submitted nor argument offered, little weight will be afforded this criterion in determining the appropriate unit. more or view all topics or full text. | 1 | 18 | 11/24/76 |