All notes for Subtopic 202.08000 – Employer-Created Organizations

DecisionDescriptionPERC Vol.PERC IndexDate
2493H Regents of the University of California (Irvine)
202.8000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Employer-Created Organizations
Group is tasked by outside accreditation agency with providing program oversight, creating institutional policies and developing new programs with delegated authority to establish specific policies and procedures concerning the quality of education and the work environment including areas which fall within the scope of representation. Because it did not appear to “interface” with the employer or otherwise participate with or deal with the employer in executing its policymaking, the group is more akin to the groups where “management has delegated actual decision-making authority” and is not an “employee organization” as defined by HEERA section 3562, subd. (f)(1). Employer did not dominate or interfere with formation of any employee organization. Forum is a mode of communication for employees to exchange information on their work environment and other issues. While arguably there may be some discussion of topics within the scope of representation, no evidence was presented showing any discussion between the employees and the employer. Regardless, such discussions would appear to be a “mere discussion with management, rather than making recommendations to management.” As such, the Forum is not an “employee organization” as defined by HEERA section 3562, subd. (f)(1). Employer did not dominate or interfere with formation of any employee organization. more or view all topics or full text.
413206/30/16
2143M Omnitrans
202.8000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Employer-Created Organizations
Employer illegally bypassed the union when it conducted a Focus Group with bargaining unit employees for the purpose of developing changes to shift bid procedures, surveying bargaining unit employees on their preferences for proposed changes to bidding procedures, and making recommendations to management regarding changes to bid procedures. The ALJ properly distinguished prior PERB case law that found there was no violation where the employer and union specifically negotiated an agreement that bargaining would be held if the employer intended to make any changes based on recommendations from the working group. more or view all topics or full text.
3417111/18/10
1731M County of Fresno
202.8000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Employer-Created Organizations
Jail working group formed by County to establish working conditions in newly designated Detention Custody Bureau was not an employer-formed organization competing with exclusive representative where exclusive representative participated in formation of group and contract provided for the group. No bypassing of exclusive representative where County established jail working group was not formed to compete with exclusive representative. Exclusive representative participated in formation of group by providing names to county of potential members of group and contract provided for the group. more or view all topics or full text.
294712/27/04

202.8000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Employer-Created Organizations
employer policy to recognize only one union is contrary to the MMBA. more or view all topics or full text.
0650E Redwoods Community College District
202.8000: PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS; Employer-Created Organizations
An organization named the Classified Employees Council (CEC) was an employee organization under EERA section 3540.1(d) even where it purported not to involve itself in collective bargaining or represent employees in grievance procedures where it: had as its stated purposes "to provide an avenue of representation for the classified (unit) employee, provide the classified staff with a representative body to act in its behalf in determining the need for, and in the formation of, policies in all matters affecting the welfare of the college and the classified employees, and to provide the administration of the college with . . . suggestions of the classified staff;" made recommendations to the administration, some of which were implemented and affected unit members (reorganization of staff, combining of duties and positions, etc.); at governing board meetings, endorsed tentative collective bargaining agreements between the combining of duties and positions, etc.); at governing board meetings, endorsed tentative collective bargaining agreements between the having managerial responsibilities (e.g., hiring committee, etc.); had formal organization with a constitution, by-laws, and elected officers; held regular meetings and kept minutes; and gave input to the employer on negotiable matters. Groups to which management delegates actual decision-making authority are not "employee organizations" under the Act. more or view all topics or full text.
121901812/28/87