All notes for Subtopic 1310.05000 – Initial Representation Procedures and Unit Modification

DecisionDescriptionPERC Vol.PERC IndexDate
2354M City of Sacramento
1310.5000: REPRESENTATION ISSUES; UNIT MODIFICATION; Initial Representation Procedures and Unit Modification
In the absence of local rules governing unit determination issues, PERB’s unit modification procedure is the appropriate forum to determine the unit placement of a newly-established classification. The Board considered but declined to adopt private sector authority that recognizes a rebuttable presumption that a newly-created classification resides in the bargaining unit where its primary duties have historically been performed; in this case, the clerical and customer service duties assigned to the new classification were merely incidental to the mechanic classifications in the petitioned-for unit. more or view all topics or full text.
3811802/14/14
1896M Turlock Irrigation District
1310.5000: REPRESENTATION ISSUES; UNIT MODIFICATION; Initial Representation Procedures and Unit Modification
Parties have the right to seek review of local agencies’ unit determination decisions under the MMBA by filing unfair practice charges. The statement in the Westlands Water District (2004) PERB Decision No. 1622-M (Westlands) decision that “[w]here a party instead seeks review of the unit determination decision itself, a petition for Board review should be filed” (PERB Reg. 60000, et seq.) is moot, because the Board repealed Regulations 60000 through 60070 on February 9, 2006, effective May 11, 2006. The union failed to establish a prima facie case that the local agency had failed and/or refused to comply with its local rules. The MMBA does not require the local agency to “meet and confer,” or bargain, with employee organizations regarding unit determination decisions made pursuant to its local rules. more or view all topics or full text.
318003/28/07
1881H Trustees of the California State University
1310.5000: REPRESENTATION ISSUES; UNIT MODIFICATION; Initial Representation Procedures and Unit Modification
The rebuttable presumption test is used when parties seek to move an existing classification from one bargaining unit to another or to separate a bargaining unit. It is not properly used when placing a new classification into a unit. Rather, it is necessary to utilize the criteria found in HEERA section 3579. more or view all topics or full text.
01/24/07
1678E Delano Joint Union High School District
1310.5000: REPRESENTATION ISSUES; UNIT MODIFICATION; Initial Representation Procedures and Unit Modification
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.
2822208/20/04
A051E El Centro School District
1310.5000: REPRESENTATION ISSUES; UNIT MODIFICATION; Initial Representation Procedures and Unit Modification
Employee organization must demonstrate at least 30 percent proof of support among employees it seeks to add to existing unit through unit modification proceeding to initiate PERB investigation; p. 8. Demonstration of majority support as to proposed unit members required before employee organization may become exclusive representative through recognition or certification of employees added to unit in unit modification proceeding; p. 8. more or view all topics or full text.
31000901/02/79
0093E Arcadia Unified School District
1310.5000: REPRESENTATION ISSUES; UNIT MODIFICATION; Initial Representation Procedures and Unit Modification
Unit modification procedure cannot be used by employer and competing representative to circumvent the intervention procedures in initial representation procedure; pp. 7-9. more or view all topics or full text.
31007005/17/79
0933S State of California (Department of Personnel Administration) (California State Employees Association)
1310.5000: REPRESENTATION ISSUES; UNIT MODIFICATION; Initial Representation Procedures and Unit Modification
Although parties had agreed to exclude classifications from a bargaining unit, stipulation was no longer in effect and the classifications were deemded to be part of the bargaining unit the Board initially placed them. Thus, party requesting unit modification has the burden to demonstrate that one bargaining unit is more appropriate than another bargaining unit; p. 2. To rebut the presumptive validity of the original state unit determination, party must show that its proposed modification is more appropriate; p. 17, proposed dec. more or view all topics or full text.
162307705/15/92