All notes for Subtopic 1309.07000 – Unit Size

DecisionDescriptionPERC Vol.PERC IndexDate
2689M * * * JUDICIAL APPEAL PENDING * * * Salinas Valley Memorial Hospital District
1309.7000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Unit Size
The small size of the proposed unit is not a disqualifying factor alone. more or view all topics or full text.
01/13/20
A453H Regents of the University of California
1309.7000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Unit Size
The Office of the General Counsel correctly relied on the estimated figure of 325 affected employees, as stated in the union’s petition for unit modification, rather than the employer’s estimates of how many employees would eventually be reclassified into the affected classifications. (pp. 21-22.) Proof of support is determined by PERB when a petition is filed and an employer provides a list of employees that comprise the petitioned-for unit or the proposed unit modification. The employer is in the unique position of having sole access to the pertinent information, including which employees perform what duties and under which job titles. Where the employer is unable or unwilling to produce complete and accurate lists of employees in a proposed unit at the time, it is impossible for PERB to verify a showing of support or, as in the present case, whether such a showing is required. In such circumstances, the Board agent conducting the investigation may make reasonable assumptions about the proposed unit or unit modification, including that the number of affected employees estimated by the party of interest applicant is accurate. (Ibid.) more or view all topics or full text.
424709/29/17
1261H Regents of the University of California and Association of Student Employees, United Automobile, Aerospace, and Agricultural Implement Workers of America, et al.
1309.7000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Unit Size
The Board further affirmed the ALJ's determination that the University by not contesting the appropriateness of a campus unit (as opposed to a statewide unit) had waived arguments that the campus unit is inappropriate; p. 36. more or view all topics or full text.
222908404/23/98
1068E San Francisco Community College District (Laborers’ International Union of North America)
1309.7000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Unit Size
Lending support to finding the unit determination inappropriate was the small number of employees (8) at stake as there is a potential for proliferation of small units of building trades employees; p. 4. 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.
192601111/17/94
1122S State of California (Office of Emergency Services) (Karim-Panahi)
1309.7000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Unit Size
Charging party's unfair is not an appropriate vehicle to resolve unit placement, an individual employee lacks standing to file a unit modification petition (Riverside Unified School District (1985) PERB Order Nos. Ad-148 and Ad-148a, and California School Employees Association (Petrich) (1989) PERB Decision No. 767); p. 5, warning letter. more or view all topics or full text.
202700311/07/95
0816E South Bay Union Elementary School District
1309.7000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Unit Size
A small number of classified employees in a school district is not, by itself, a basis for concluding a wall-to-wall unit is appropriate; p. 8. more or view all topics or full text.
142112306/15/90
0352E Palo Alto Unified School District
1309.7000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Unit Size
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
0320E Oakland Unified School District
1309.7000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Unit Size
In determining units the Board deals with classifications, not members. Hence adding 1000 substitutes to 3000 full time employees irrelevant. more or view all topics or full text.
71418306/20/83
0169E Pleasanton Joint School District/Amador Valley Joint Union High School District
1309.7000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Unit Size
Employer's 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.
51207006/25/81
0168E Antelope Valley Community College District
1309.7000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Unit Size
An operations-support unit comprised of approximately 30 to 33 employees in a total work force of 85 is appropriate despite small size. 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.
51206906/25/81
0034E Shasta Union High School District
1309.7000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Unit Size
The number of employees (however small) is not by itself, a basis for concluding that a wall-to-wall unit is appropriate. more or view all topics or full text.
148210/25/77
0035E Greenfield Union School District
1309.7000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Unit Size
The number of employees (however small) is not, by itself, a basis for concluding that a wall-to-wall unit is appropriate. more or view all topics or full text.
148310/25/77