All notes for Subtopic 1310.06000 – Unfair Practice and Unit Modification
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2852H | Regents of the University of California 1310.06000: REPRESENTATION ISSUES; UNIT MODIFICATION; Unfair Practice and Unit Modification As a result of applying its unilaterally-adopted concurrent appointment policy, UC Santa Cruz eliminated a Non-Senate Faculty (NSF) Unit Member’s appointment as a 15 percent full-time equivalent lecturer and modified his non-exempt appointment to include the NSF Unit work. Because this conduct unilaterally modified the NSF Unit without UC-AFT’s agreement or utilization of PERB’s unit modification procedures, and also unilaterally modified Article 1 of the parties’ Agreement without providing UC-AFT notice and an opportunity to bargain, the Board concluded that the University violated HEERA section 3571, subdivisions (a) and (c). (pp. 20-21.) more or view all topics or full text. | 47 | 121 | 02/09/23 |
| 2821M | County of Monterey 1310.06000: REPRESENTATION ISSUES; UNIT MODIFICATION; Unfair Practice and Unit Modification PERB determined that any lawful application of county’s local rules required county to place per diem registered nurses (RN) and nurse practitioners (NP) in same unit as regular RNs and NPs. (p. 10.) Placing just over 50 County per diem registered nurses and nurse practitioners in a newly formed unit all their own, rather than in an existing unit comprising over 500 County RNs and NPs who perform identical work at the same hospital, resulted in unnecessary fragmentation. (pp. 10-12.) more or view all topics or full text. | 47 | 9 | 06/01/22 |
| 2809E | * * * JUDICIAL APPEAL PENDING * * * Alliance Judy Ivie Burton Technology Academy High School et al. 1310.06000: REPRESENTATION ISSUES; UNIT MODIFICATION; Unfair Practice and Unit Modification A unit modification can only be effectuated by either the mutual agreement of the parties or through the filing of a petition and showing changed circumstances. more or view all topics or full text. | 46 | 131 | 02/28/22 |
| A420M | San Francisco Housing Authority 1310.06000: REPRESENTATION ISSUES; UNIT MODIFICATION; Unfair Practice and Unit Modification To the extent that [Local 38] argues the [Employer’s] placement of the maintenance mechanic classification within the Laborer’s bargaining unit violated the MMBA, [Local 38] may file an unfair practice charge. more or view all topics or full text. | 39 | 150 | 04/28/15 |
| 2162S | State of California (Department of Forestry and Fire Protection) 1310.06000: REPRESENTATION ISSUES; UNIT MODIFICATION; Unfair Practice and Unit Modification Parties may not utilize the unfair practice procedure to circumvent the unit modification process. more or view all topics or full text. | 35 | 38 | 02/10/11 |
| 2154S | State of California (Department of Corrections and Rehabilitation) 1310.06000: REPRESENTATION ISSUES; UNIT MODIFICATION; Unfair Practice and Unit Modification Parties may not utilize the unfair practice procedure to circumvent the unit modification process. more or view all topics or full text. | 35 | 22 | 12/30/10 |
| A347H | California Faculty Association 1310.06000: REPRESENTATION ISSUES; UNIT MODIFICATION; Unfair Practice and Unit Modification California Faculty Association (CFA) Petition to add Instructional Student Assistant (ISA) classification to Unit 3 properly dismissed as ISA’s represented by UAW and issues raised previously litigated in PERB Case No. LA-UM-723-H. more or view all topics or full text. | 29 | 138 | 06/09/05 |
| 1744E | Berkeley Unified School District 1310.06000: REPRESENTATION ISSUES; UNIT MODIFICATION; Unfair Practice and Unit Modification The unit modification procedure, not the unfair practice charge procedure, is the appropriate forum to address disputes over the composition of bargaining units and to evaluate the duties of the employees at issue in order to determine whether their positions should be designated as confidential. The parties may not utilize the unfair practice procedure to circumvent the unit modification process. more or view all topics or full text. | 29 | 66 | 01/26/05 |
| 1681M | City of Beverly Hills 1310.06000: REPRESENTATION ISSUES; UNIT MODIFICATION; Unfair Practice and Unit Modification Where employee organization no longer believes that employees have been properly designated confidential pursuant to local agency rules, unit modification procedures, as opposed to an unfair practice charge, should generally be utilized. more or view all topics or full text. | 28 | 225 | 08/20/04 |
| 1510E | Burlingame Elementary School District 1310.06000: REPRESENTATION ISSUES; UNIT MODIFICATION; Unfair Practice and Unit Modification PERB’s unit modification procedure is the proper method to address disputes in the composition of a unit. Employer’s attempt to gain PERB review of a unit modification dispute by filing an unfair practice charge was improper. more or view all topics or full text. | 27 | 30 | 02/13/03 |
| 0884E | Modesto City School District 1310.06000: REPRESENTATION ISSUES; UNIT MODIFICATION; Unfair Practice and Unit Modification Allegations of an unlawful transfer of bargaining unit work are properly raised as an unfair practice charge and not in a unit modification proceeding; p. 10; pp. 11-12, proposed dec. more or view all topics or full text. | 15 | 22099 | 06/03/91 |
| 0415E | Antioch Unified School District 1310.06000: REPRESENTATION ISSUES; UNIT MODIFICATION; Unfair Practice and Unit Modification Any claim that employer's conduct with regard to unit modification petition interfered with statutory rights is properly brought as an unfair practice charge; pp. 5-6. more or view all topics or full text. | 8 | 15189 | 10/12/84 |
| 0355E | Los Gatos Joint Union High School District 1310.06000: REPRESENTATION ISSUES; UNIT MODIFICATION; Unfair Practice and Unit Modification Not proper to file or raise unfair practice charge by way of post hearing brief. The employer may raise, by way of affirmative defense to unit modification proceeding that proof of support was inadequate or somehow tainted by fraud or illegality. more or view all topics or full text. | 7 | 14287 | 11/14/83 |
| 0298E | Dixie Elementary School District 1310.06000: REPRESENTATION ISSUES; UNIT MODIFICATION; Unfair Practice and Unit Modification Board rejects District's defense in refusal to bargain charge that underlying unit modification, wherein PERB accreted substitute and temporary teachers to unit of full-time classroom teachers, was unlawful; p. 2. more or view all topics or full text. | 7 | 14115 | 03/29/83 |
| 0282E | Napa County Office of Education 1310.06000: REPRESENTATION ISSUES; UNIT MODIFICATION; Unfair Practice and Unit Modification Subsequent filing of unit modification petition, inconsistent with position in prior unfair practice charge, and resolution of the employee modification proceeding, effectively rendered unfair practice charge moot; p. 5. more or view all topics or full text. | 7 | 14067 | 02/14/83 |
| 0042E | Westminster School District (Zaikowsky) 1310.06000: REPRESENTATION ISSUES; UNIT MODIFICATION; Unfair Practice and Unit Modification Public school employer designates managers subject to EERB review. Employees may not appeal an employer's decision not to designate them as management. more or view all topics or full text. | 2 | 2007 | 12/16/77 |