All notes for Subtopic 1309.06000 – Extent of Organization
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| A525H |
Regents of the University of California
1309.06000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Extent of Organization
While employees have the right to express their individual preferences and thereby collectively decide which union (if any) they want to represent their unit through petitions for recognition, certification, decertification, and/or severance, they do not normally have the “right to choose the bargaining unit in which their classification or position is placed.” (Regents v. PERB (2020) 51 Cal.App.5th 159, 190; Regents of the University of California (2010) PERB Decision No. 2107-H, pp. 23-24.) Thus, in accretion cases where the unrepresented employees total less than 10 percent of the unit to which they would be added, a petitioner normally need not demonstrate that it has the employees’ support. (Regents v. PERB, supra, 51 Cal.App.5th 159, at pp. 190-192.) In such cases, California public sector labor laws favor stable and harmonious labor relations over affording employees a right to choose their unit placement. (Id. at p. 192.) However, a partially countervailing legal principle nonetheless applies in limited circumstances: if a substantial number of employees in a group have decided to join the same employee organization, such mass membership constitutes a relevant community of interest factor under HEERA section 3579(a)(1) and comparable parts of selected other labor relations acts. (Govt. Code, §§ 3545(a), 99565(a)(1); St. HOPE Public Schools (2018) PERB Order No. Ad-472-H, p. 9.) (p. 34.) more or view all topics or full text. |
49 | 152 | 03/17/25 |
| 2667P |
San Diego Metropolitan Transit System
1309.06000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Extent of Organization
Employee preference alone is not sufficient to justify severance of a separate bargaining unit. PERB must determine based on the totality of the evidence presented at the hearing whether severance of the requested unit is appropriate. (pp. 33-34.) more or view all topics or full text. |
44 | 60 | 09/06/19 |
| 0352E |
Palo Alto Unified School District
1309.06000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Extent of Organization
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 |
| 0006E |
Fremont Unified School District
1309.06000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Extent of Organization
Raw number of members of an employee organization in a proposed unit is not sufficient evidence for this criterion. more or view all topics or full text. |
1 | 21 | 12/16/76 |