All notes for Subtopic 1310.06000 – Unfair Practice and Unit Modification

DecisionDescriptionPERC Vol.PERC IndexDate
A420M San Francisco Housing Authority
1310.6000: 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.
04/28/15
2162S State of California (Department of Forestry and Fire Protection)
1310.6000: 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.
353802/10/11
2154S State of California (Department of Corrections and Rehabilitation)
1310.6000: 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.
352212/30/10
A347H California Faculty Association
1310.6000: 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.
2913806/09/05
1744E Berkeley Unified School District
1310.6000: 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.
296601/26/05
1681M City of Beverly Hills
1310.6000: 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.
2822508/20/04
1510E Burlingame Elementary School District
1310.6000: 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.
273002/13/03
0884E Modesto City School District
1310.6000: 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.
152209906/03/91
0415E Antioch Unified School District
1310.6000: 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.
81518910/12/84
0355E Los Gatos Joint Union High School District
1310.6000: 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.
71428711/14/83
0298E Dixie Elementary School District
1310.6000: 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.
71411503/29/83
0282E Napa County Office of Education
1310.6000: 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.
71406702/14/83
0042E Westminster School District (Zaikowsky)
1310.6000: 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.
2200712/16/77