All notes for Subtopic 1309.12000 – Skilled Crafts
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2203M | City of Palmdale 1309.12000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Skilled Crafts 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 |
| 2667P | San Diego Metropolitan Transit System 1309.12000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Skilled Crafts A unit of skilled craft workers may be severed from an existing represented unit in California’s public transit district systems. The question is whether the proposed bargaining unit is an appropriate skilled craft unit. (p. 18.) more or view all topics or full text. | 44 | 60 | 09/06/19 |
| 2667P | San Diego Metropolitan Transit System 1309.12000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Skilled Crafts A skilled craft unit consists of a distinct and homogeneous group of skilled journeymen craftsmen, who, together with helpers or apprentices, are primarily engaged in the performance of tasks which are not performed by other employees and which require the use of substantial craft skills and specialized tools and equipment. To be a “journeyman craftsman” an individual must have a kind and degree of skill which is normally acquired only by undergoing a substantial period of apprenticeship or comparable training. (p. 19.) more or view all topics or full text. | 44 | 60 | 09/06/19 |
| 2667P | San Diego Metropolitan Transit System 1309.12000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Skilled Crafts PERB traditionally takes a narrow view of “skilled crafts” under certain statutes it administers based on statutory language defining “skilled crafts employees” as including, but not necessarily limited to, carpenters, plumbers, electricians, painters, and operating engineers. In cases arising under the transit acts, and in the absence of similar narrowing language in those enabling acts, PERB follows a broader definition of skilled craft workers under federal precedent. (p. 19, fn. 12.) more or view all topics or full text. | 44 | 60 | 09/06/19 |
| 2667P | San Diego Metropolitan Transit System 1309.12000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Skilled Crafts Transit district employees who, after completing certain apprenticeship programs, are assigned work according to their craft lines that no other employee classification outside their craft performs, and who do not receive cross-training between different crafts or with other general classifications, are skilled craft workers. (p. 20.) more or view all topics or full text. | 44 | 60 | 09/06/19 |
| 2667P | San Diego Metropolitan Transit System 1309.12000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Skilled Crafts Given the preference in California’s public sector for multi-craft bargaining units, the inclusion of three distinct craft groups in the proposed transit district unit does not bar severance or otherwise render it inappropriate, regardless of federal precedent favoring a “distinct and homogenous” unit of skilled journeymen craftsmen. (pp. 25-26.) more or view all topics or full text. | 44 | 60 | 09/06/19 |
| 2667P | San Diego Metropolitan Transit System 1309.12000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Skilled Crafts A skilled craft unit may be inappropriate in a transit district depending on the degree to which those workers are part of an integrated production process. (p. 31.) Considerations include (1) whether the skilled craft workers work primarily in production areas or separate shops, (2) whether the production process is functionally dependent upon the skilled craft workers’ work, and (3) whether a work stoppage among employees in the proposed unit would substantially impact the operations of the other parts of the system. (Ibid.) Consistent with PERB’s preference for system-wide bargaining units in transportation systems, the evidence demonstrated functional dependence where the petitioned-for classifications perform duties integral to the provision of safe, reliable public transit services. (pp. 32-33.) more or view all topics or full text. | 44 | 60 | 09/06/19 |
| 0176H | Unit Determination - California State University and Colleges (Nonprofessional) 1309.12000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Skilled Crafts A statewide unit of all skilled craftsworkers (Unit 6) is appropriate for the California State University. Although a campuswide crafts unit would be appropriate, a systemwide crafts unit is both appropriate and satisfies legislative concerns that there not be a multiplicity of bargaining units. In addition, because of the employer's extensively centralized system of administration, a statewide unit would further efficient operations. more or view all topics or full text. | 5 | 12152 | 11/17/81 |
| 0109E | Compton Unified School District 1309.12000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Skilled Crafts 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 |
| 0049E | San Mateo Union High School District 1309.12000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Skilled Crafts Evidence insufficient to overcome Sweetwater presumption that operations-support unit including all skilled trades is appropriate. Established practices do not warrant exclusion of skilled crafts from operations-support unit. Skilled crafts foremen not supervisors. more or view all topics or full text. | 2 | 2074 | 03/22/78 |
| 0055E | Marin Community College District 1309.12000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Skilled Crafts Given similar job functions and common line of supervision, skilled trades and operations unit appropriate; p. 3; pp. 4-6, proposed dec. more or view all topics or full text. | 2 | 2130 | 06/26/78 |
| 0030E | Sacramento City Unified School District 1309.12000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Skilled Crafts 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 |
| 0010E | Foothill-DeAnza Community College District 1309.12000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Skilled Crafts 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 |
| 0079E | Foothill-DeAnza Community College District 1309.12000: REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200); Skilled Crafts Construction inspector properly placed in residual unit rather than skilled crafts and trades unit; p. 4. more or view all topics or full text. | 3 | 10003 | 12/18/78 |