All notes for Subtopic 1309.08000 – Classroom Teachers

DecisionDescriptionPERC Vol.PERC IndexDate
2719E Alliance Judy Ivie Burton Technology Academy High, et al.
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
School-by-school organizing within a group of affiliated charter schools may be appropriate depending on all the circumstances and community of interest factors. (Page 32.) more or view all topics or full text.
05/18/20
2719E Alliance Judy Ivie Burton Technology Academy High, et al.
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Extreme variation of educational and workplace environments in charter schools does not favor mechanistic application of Peralta presumption and instead requires the Board to ensure that operational efficiency does not trump representational rights. (Pages 30-31.) more or view all topics or full text.
05/18/20

1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
PERB must honor the truism that a rebuttable presumption can be rebutted. Indeed, if the Peralta presumption is not overcome in this case—where there is no evidence that employer efficiency is unduly impaired, the community of interest is not strong, extent of organization weighs heavily toward excluding substitutes, a majority of substitutes performed no work in the school year, and the number of substitutes is almost as high as the number of regular teachers—then parties may have reason to wonder what facts might overcome the presumption. In our view, these facts are sufficient. more or view all topics or full text.
A472E St. Hope Public Schools
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
In Peralta Community College District (1978) PERB Decision No. 77 (Peralta), the Board interpreted EERA section 3545 as creating a rebuttable presumption that all classroom teachers should be placed in the same unit. To rebut the presumption, [a petitioner] has the burden to show that its proposed unit is more appropriate than one including day-to-day substitutes, based on three factors: (1) community of interest; (2) established practices including the extent to which employees in different categories have selected [the petitioner] as their representative; and (3) employer efficiency. (EERA, § 3545, subd. (a).) more or view all topics or full text.
438612/06/18
2484E California Virtual Academies
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
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.
411806/28/16
2397E Fremont Unified School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Behavioral intervention specialists were not “certificated employees” within the meaning of section 3545(b)(3) of the EERA, and therefore could not be added to the certificated unit. The default classification for school district employees is “classified service,” and there must be strong evidence of the legislative intent for the position to be considered certificated before PERB will include that position in the certificated bargaining unit. In order for a position to be certificated, it must require certification as defined by the Education Code. A Board Certified Behavior Analyst license was not intended to substitute for a credential issued by the State. “Certificated person” is one who possesses a credential or certificate issued by some arm of the state, not a non-state actor. The behavior intervention and assessment functions of the behavioral intervention specialist may be provided by professionals who do not possess a California Commission on Teacher Credentialing or county-issued credential or certificate. Education Code section 44065 provides appropriate guidance in determining whether job functions are to be considered “certificated.” The threshold question in bargaining unit cases under EERA will always be whether the positions in question are certificated or classified within the definitions of those terms found in the Education Code. The rebuttable presumption described in Peralta Community College District (1978) PERB Decision No. 77 that all classroom teachers are appropriately placed in the same bargaining unit comes into play only after it is determined the positions are certificated. (EERA, § 3545(b)(3). more or view all topics or full text.
396311/14/14
A402E Children of Promise Preparatory Academy
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
In cases involving a presumptively appropriate bargaining unit, such as “all classroom teachers,” the burden of proof also lies with the party opposing the unit. more or view all topics or full text.
387611/06/13
2183E Orcutt Union Elementary School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Charter school classroom teachers may be added to an existing unit of non-charter school teachers unless the factors set forth in EERA section 3545(a) cannot be met. Those factors include community of interest and the effect of the size of the unit on the efficient operation of the school district. In this case, 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.
36106/07/11
A383E Communications Workers of America, AFL-CIO
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
While substitute teachers may be included within a broader unit of teachers, a unit composed solely of substitute teachers may also be appropriate. A stand-alone unit of substitutes in this case satisfies the requirements of EERA section 3545 and ensures the ability of such employees to exercise the rights guaranteed under EERA, where the alternative would leave them with no representation whatsoever. Substitute teachers fall within the scope of EERA, and the District “would have an obligation to negotiate regardless of whether substitutes were placed in a separate unit or folded into the existing unit.” more or view all topics or full text.
346502/23/10
1911E Santa Clara Unified School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Modification of unit to merge class room teachers, hourly adult education teachers and substitute teachers appropriately granted. Features of community of interest discussed. Rebuttable presumption that all classroom teachers will be in same unit. Presumption may be rebutted by showing lack of community of interest or such application would cause disruption or instability within an already established unit. more or view all topics or full text.
3111506/26/07
A172E Oakland Unified School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Board reads Oakland U.S.D. (1983) PERB Decision No. 320 as defining who is in the unit, not who is eligible to vote. Voter eligibility is not addressed in Oakland U.S.D., supra, but is governed by Palo Alto U.S.D./Jefferson UnHSD (1979) PERB Decision No. 84; p. 5. more or view all topics or full text.
121912507/14/88
1022E Stanislaus County Office of Education
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
The naturalists are certificated employees because at least half of the duties are instructional services pursuant to Ed. Code sec. 44065; pp. 12-17. more or view all topics or full text.
182500510/26/93
0884E Modesto City School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
[Education Code sections 45104, 45103 and 44066] indicate that a school district must designate a position as "classified" unless the duties to be performed require certification in which case the position must be designated as certificated. Thus, when the District creates a position it must, at least tentatively, designate it either classified or certificated (Healdsburg Union High School District (1984) PERB Decision No. 375) and is prohibited from requiring certification unless it is required by law or is an occupational qualification; p. 17. more or view all topics or full text.
152209906/03/91
0765E Long Beach Community College District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
As the denial of the petition would effectively preclude part-time faculty from exercising their statutory bargaining rights, separate unit of part-time faculty appropriate. more or view all topics or full text.
132019509/14/89
0567E Modesto City Schools
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Application of Peralta presumption---that all classroom teachers belong in one unit---to case where all substitutes teachers were placed in one unit. more or view all topics or full text.
101708104/17/86
0355E Los Gatos Joint Union High School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Driver training instructor's properly added to classroom teachers unit. Usual criteria analyzed and applied. more or view all topics or full text.
71428711/14/83
0352E Palo Alto Unified School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Modification of unit to merge class room teachers, hourly adult education teachers and substitute teachers appropriately granted. Features of community of interest discussed. Rebuttable presumption that all classroom teachers will be in same unit. Presumption may be rebutted by showing lack of community of interest or such application would cause disruption or instability within an already established unit. Burden of proof remains on the party opposing the presumptively appropriate unit. more or view all topics or full text.
71427810/24/83
0320E Oakland Unified School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Rebuttable presumption that all classroom teachers are in the same unit. Cites Peralta CCD (1977), PERB Dec. No. 77. Presumption applies to question of proper unit placement of substitute teachers, & single unit will be directed, unless disparate community of interest exist such application would cause disruption or instability within an already established unit. Question of disruption of part of Peralta test. more or view all topics or full text.
71418306/20/83
0171E Dixie Elementary School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Substitute teachers share a community of interest with regular teachers regardless of the number of days they teach in a year. Substitutes perform substantially similar duties to regular classroom teachers. They have a reasonable exceptation of continued future employment and are an integral part of work force. more or view all topics or full text.
51209308/11/81
0142E El Monte Union High School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Home teachers, enrichment teachers, evening continuation high school teachers, driver training teachers and summer teachers added to existing unit of regular certificated employees. The newly added teachers hold credentials, perform duties comparable to regular day-time teachers and, in most cases, are drawn from the ranks of the day-time teachers. more or view all topics or full text.
41118310/20/80
0107E Redwood City Elementary School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Summer school teachers considered employees under the Act; summer school teachers included in unit with regular teachers; p. 2; pp. 10-12, proposed dec. more or view all topics or full text.
31013710/23/79
0098E Gilroy Unified School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
8366: Relying on Ed. Code sec. 8366, the Board holds that "permit teachers" are certificated employees; Board distinguished Oakland #15; pp. 9-12. 45256(a): Ed. Code sec. 45256(a) excludes from classified service, any positions requiring certification and Ed. Code sec. 8366 defines "permit teachers" as certificated, therefore, permit teachers held to properly be in certificated unit; pp. 10-11. more or view all topics or full text.
31010107/20/79
0102E Oakland Unified School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
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.
31012209/20/79
0090E San Jose Unified School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
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 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.
31003402/14/79
0084E Palo Alto Unified School District/Jefferson Union High School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Peralta presumption, which was to have only prospective effect, will not be applied, so as to avoid disruption of established units; unit of substitutes appropriate since they share a community of interest among themselves and evidence of established practices and effect on efficiency of operations does not indicate such a unit would be inappropriate; unit should include all substitutes employed by the district; pp. 7-10. more or view all topics or full text.
31002001/09/79
0087E Rio Hondo Community College District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
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.
31002701/25/79
0088E Glendale Community College District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Adult education instructors properly placed in certificated unit because they share a strong community of interest (pp. 13-17); 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. more or view all topics or full text.
31003001/30/79
0033E Paramount Unified School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
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.
143710/07/77
0024E Pleasanton Joint Elementary School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Community of interest exists between certificated employees and counselors. more or view all topics or full text.
143809/12/77
0026E Richland Elementary School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Psychologists, Counselors and Teachers share community of interest and are included in single unit. more or view all topics or full text.
142409/12/77
0027E Washington Unified School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Presumption that psychologists, guidance specialist, counselors, nurses, librarians and work experience specialist belong in the same unit with teachers. more or view all topics or full text.
141109/14/77
0018E Los Rios Community College District * * * OVERRULED IN PART by Hartnell Community College District (1979) PERB Decision No. 81
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
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.
118506/09/77
0014E New Haven Unified School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
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.
112103/22/77
0015E Oakland Unified School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
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.
113703/28/77
0011E Grossmont Union High School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
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.
16703/09/77
0013E Lompoc Unified School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
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. Representation in grievances under Winton Act has little bearing on unit determination. more or view all topics or full text.
18003/17/77
0007E Belmont Elementary School District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Part-time teachers who work regularly but less then full time are not casual employees. 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.
12712/30/76
0009E Petaluma City Elementary and High School Districts
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
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.
15802/22/77
0081E Hartnell Community College District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
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.
31001601/02/79
0077E Peralta Community College District
1309.8000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Classroom Teachers
Reading 3545(b) together with 3545(a) gives rise to the presumption that all teachers are to be placed in a single unit save where the criteria of the latter section cannot be met; the burden of proving the inappropriateness of a comprehensive teachers' unit is on those opposing it; p. 10. more or view all topics or full text.
2221411/17/78