All notes for Subtopic 1310.02000 – Change in Circumstances
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2879E | * * * JUDICIAL APPEAL PENDING * * * Alliance College-Ready Public Charter Schools 1310.02000: REPRESENTATION ISSUES; UNIT MODIFICATION; Change in Circumstances A petition for unit modification is precluded “if, within the previous 12 months, the employer has lawfully recognized, or the Board has certified, the exclusive representative in the described unit or a subdivision thereof.” (PERB Reg. 32786, subd. (b)(4).) PERB considers this certification bar period to begin from the date the employer begins good faith negotiations with the union. In this respect, PERB Regulations do not condone an employer using a unit modification petition to decertify a union with which it has never agreed to bargain. Rather, if an employer claims that new, changed circumstances warrant a modification, it must continue to bargain in good faith even while it pursues its unit modification petition. (pp. 22-23.) more or view all topics or full text. | 48 | 69 | 10/23/23 |
| 2879E | * * * JUDICIAL APPEAL PENDING * * * Alliance College-Ready Public Charter Schools 1310.02000: REPRESENTATION ISSUES; UNIT MODIFICATION; Change in Circumstances Evidence that is not newly discovered or previously unavailable, i.e., evidence that could have been presented in the underlying unit determination proceeding, is not an appropriate defense to a technical refusal to bargain. To the extent an employer claims true changed circumstances consistent with PERB Regulation 32781, it cannot simply refuse to bargain; it is instead required to pursue a unit modification petition under PERB Regulation 32781. (pp. 20-21.) more or view all topics or full text. | 48 | 69 | 10/23/23 |
| 2809E | Alliance Judy Ivie Burton Technology Academy High School et al. 1310.02000: REPRESENTATION ISSUES; UNIT MODIFICATION; Change in Circumstances A unit modification may be appropriate upon a party’s demonstration that it is warranted by changed circumstances. (p. 24.) more or view all topics or full text. | 46 | 131 | 02/28/22 |
| 1710E | Burbank Unifiied School District 1310.02000: REPRESENTATION ISSUES; UNIT MODIFICATION; Change in Circumstances The Board found that the administrative secretary to the Assistant Superintendent of Business Services, is not a confidential employee. Her supervisor’s duties have not changed appreciably over time more or view all topics or full text. | 29 | 14 | 11/22/04 |
| 1678E | Delano Joint Union High School District 1310.02000: REPRESENTATION ISSUES; UNIT MODIFICATION; Change in Circumstances Board affirmed that where a unit exists covering all classified employees, and a classified position is newly created, the newly created position is automatically placed in the classified unit. more or view all topics or full text. | 28 | 222 | 08/20/04 |
| A269H | Regents of the University of California (Association of Graduate Student Employees, et al.) 1310.02000: REPRESENTATION ISSUES; UNIT MODIFICATION; Change in Circumstances Parties have the right to relitigate representation matters by demonstrating a change in circumstances; previous unit determinations are binding only to the extent that circumstances and Board precedent remain the same; p. 5. more or view all topics or full text. | 19 | 26110 | 07/17/95 |
| A250E | Los Angeles Unified School District (Busdrivers Association/Service Employees International Union) 1310.02000: REPRESENTATION ISSUES; UNIT MODIFICATION; Change in Circumstances The Sweetwater units are presumptively appropriate and a variant unit will not be granted unless it is more appropriate than the Sweetwater unit; pp. 5-6. The burden is on the petitioner to show that there has been a change of circumstances sufficient to justify a variation of an established unit; p. 6. Pursuant to Regulation 32786, the Board agent will use his discretion in deciding whether a hearing is necessary in addition to an investigation. Where there are no factual disputes to be resolved, there is no reason to conduct a hearing. Petitioner's failure to allege any change of circumstances is grounds for determining that no hearing is necessary; p. 7. Existing unit appropriate where petitioner failed to show a change in circumstances. Existing unit appropriate where petitioner failed to show a change in circumstances. more or view all topics or full text. | 18 | 25012 | 11/22/93 |
| A134E | Antioch Unified School District 1310.02000: REPRESENTATION ISSUES; UNIT MODIFICATION; Change in Circumstances Petition to delete eight positions as supervisory from bargaining unit is properly dismissed under regulation 33261(b)(1) because employer failed to allege changed circumstances. (Note: The regulation was subsequently changed to permit position deletions where the petition is filed during the window period or when no contract is in effect.) more or view all topics or full text. | 7 | 14116 | 03/30/83 |
| A135E | Antioch Unified School District 1310.02000: REPRESENTATION ISSUES; UNIT MODIFICATION; Change in Circumstances Petition to delete one position as confidential from bargaining unit is properly dismissed under regulation 33261(b)(1) because employer failed to allege changed circumstances. (Note: The regulation was subsequently changed to permit position deletions where the petition is filed during the window period or when no contract is in effect. more or view all topics or full text. | 7 | 14117 | 03/30/83 |
| A012E | Lafayette Unified School District 1310.02000: REPRESENTATION ISSUES; UNIT MODIFICATION; Change in Circumstances Unit modification petition dismissed where not jointly filed and no stated changes in circumstances; p. 1, admin. determination. more or view all topics or full text. | 1 | 448 | 09/28/77 |
| A013E | El Centro School District 1310.02000: REPRESENTATION ISSUES; UNIT MODIFICATION; Change in Circumstances Unit modification petition dismissed for failure to show change in circumstances; p. 1, proposed dec. more or view all topics or full text. | 1 | 448 | 09/28/77 |
| 0752E | Sanger Unified School District 1310.02000: REPRESENTATION ISSUES; UNIT MODIFICATION; Change in Circumstances Where food service supervisors exercise the only authority on site and were not subject to substantial review or approval of day-to-day operations, the employer was able to show changed circumstances to exclude these supervisors from the unit; p. 16. more or view all topics or full text. | 13 | 20148 | 06/30/89 |
| 0586H | Regents of the University of California 1310.02000: REPRESENTATION ISSUES; UNIT MODIFICATION; Change in Circumstances Unit modification appropriate where duties of unit members significantly changed since original determination. more or view all topics or full text. | 10 | 17158 | 09/23/86 |
| 0351Ha | California State University (Statewide University Police Association) 1310.02000: REPRESENTATION ISSUES; UNIT MODIFICATION; Change in Circumstances MOU between the parties does not make sergeants supervisory nor does it override decision made by the Board. more or view all topics or full text. | 8 | 15097 | 05/30/84 |
| 0352E | Palo Alto Unified School District 1310.02000: REPRESENTATION ISSUES; UNIT MODIFICATION; Change in Circumstances Change in circumstances justifies inclusion of substitutes into merged unit where initial determination was appropriateness of substitute unit. more or view all topics or full text. | 7 | 14278 | 10/24/83 |
| 0191E | Atascadero Unified School District 1310.02000: REPRESENTATION ISSUES; UNIT MODIFICATION; Change in Circumstances Change in circumstances re duties of head custodians, and cook/kitchen managers supports exclusion from unit. Both evaluate subordinates, effectively hire, and effectively recommend dismissal of employees; p. 3. more or view all topics or full text. | 6 | 13033 | 12/30/81 |