All notes for Subtopic 608.04000 – Non-Bargaining Unit Employees; Inappropriate Bargaining Unit

DecisionDescriptionPERC Vol.PERC IndexDate
1849M County of Santa Cruz
608.4000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Non-Bargaining Unit Employees; Inappropriate Bargaining Unit
Extra help employees are not permanent and thus are not part of the Association’s bargaining unit under their collective bargaining agreement. more or view all topics or full text.
3015108/16/06
1711S State of California, (Department of Consumer Affairs)
608.4000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Non-Bargaining Unit Employees; Inappropriate Bargaining Unit
Information requests pertaining to non-bargaining unit employees are not presumed relevant. An exclusive representative bears the burden of demonstrating the "probable or potential relevance" of the requested information to its representation of bargaining unit employees; p. 24. more or view all topics or full text.
291511/23/04

608.4000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Non-Bargaining Unit Employees; Inappropriate Bargaining Unit
Government Code §3507.3 is the exclusive remedy for disputes over the unit assignment of professionals and as such is not subject to local regulation. And the use of an ALJ to decide a dispute over the appropriateness of unit of professional employees was an invasion into the exclusive remedial authority of Government Code §3507.3. more or view all topics or full text.

608.4000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Non-Bargaining Unit Employees; Inappropriate Bargaining Unit
Superior court was not a local public agency under the MMBA. Because superior court personnel were appointed by the court and subject to the court’s exclusive control they were employees of the court and not of the county, the county was not obligated to bargain under the MMBA with the union representing the employees. Although a closer question, than whether the superior court was a public agency, the municipal court was also not a local agency subject to the MMBA. Because municipal court personnel served at the pleasure of the court administrator and were controlled exclusively by the court, they were employees of the court and not of the county. The county was not obligated to bargain under the MMBA with the union representing the employees. more or view all topics or full text.
1098E Pasadena Community College District
608.4000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Non-Bargaining Unit Employees; Inappropriate Bargaining Unit
A unit description that includes "[a]ll certificated personnel paid on an hourly basis" means, obviously, all instructors, paid on an hourly basis, who must have a credential to perform their duties. What is critical is not that the individual holds a credential but that a credential is required for the particular duties that the individual performs; p. 12, proposed dec. more or view all topics or full text.
192608905/03/95
0884E Modesto City School District
608.4000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Non-Bargaining Unit Employees; Inappropriate Bargaining Unit
Although the practical effect of modifying a unit under PERB Regulation 32781(b)(1) may be to transfer work out of the unit, it is not an unlawful transfer because it is done in accord with the process PERB requires the employer to observe; p. 11. [The Board's decisions in Regents of the University of California (California Nurses Association) (1989) PERB Decision No. 722-H and Mt. San Antonio Community College District (1983) PERB Decision No. 334] indicate the removal of work from a bargaining unit may lawfully occur as a collateral affect of a unit modification when PERB's statutory and regulatory procedures are followed; pp. 12-13. more or view all topics or full text.
152209906/03/91
0722H Regents of the University of California (California Nurses Association)
608.4000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Non-Bargaining Unit Employees; Inappropriate Bargaining Unit
PERB does not recognize the "technical refusal to bargain" as an alternative means of challenging the composition of a certified unit; p. 8-9. more or view all topics or full text.
132005903/03/89
0651E Fremont Union High School District
608.4000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Non-Bargaining Unit Employees; Inappropriate Bargaining Unit
No subcontracting shown in District's entering into lease agreement with private institution to provide comprehensive summer school where: summer school employees not under ultimate control of District; District did not exercise control over those employees; employees were selected by private institution, subject solely to its direction, control, compensation and discharge; private party responsible for workers' compensation insurance, unemployment insurance, social security contributions, and income tax withholdings; the District did not interfere with private employer's performance of those functions; no evidence that private firm was "alter ego" of District; and, without the lease, there would have been no comprehensive summer school. more or view all topics or full text.
121902112/30/87
0375E Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District
608.4000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Non-Bargaining Unit Employees; Inappropriate Bargaining Unit
Proposals regarding short term and restricted employees not negotiable since these employees not represented by exclusive representative; p. 41. more or view all topics or full text.
81502101/05/84
0298E Dixie Elementary School District
608.4000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; Non-Bargaining Unit Employees; Inappropriate Bargaining Unit
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