All notes for Subtopic 1310.05000 – Initial Representation Procedures and Unit Modification
|Decision||Description||PERC Vol.||PERC Index||Date|
City of Sacramento|
1310.05000: REPRESENTATION ISSUES; UNIT MODIFICATION; Initial Representation Procedures and Unit ModificationIn 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.
Turlock Irrigation District|
1310.05000: REPRESENTATION ISSUES; UNIT MODIFICATION; Initial Representation Procedures and Unit ModificationParties 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 is moot, because the Board repealed Regulations 60000 through 60070 on February 9, 2006, effective May 11, 2006.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.
Trustees of the California State University|
1310.05000: REPRESENTATION ISSUES; UNIT MODIFICATION; Initial Representation Procedures and Unit ModificationThe 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.
Delano Joint Union High School District||28||222||08/20/04|
El Centro School District||3||10009||01/02/79|
Arcadia Unified School District||3||10070||05/17/79|
State of California (Department of Personnel Administration) (California State Employees Association)||16||23077||05/15/92|