Decision 0006E – Fremont Unified School District

SF-R-8-10, 385

Decision Date: December 16, 1976

Decision Type: PERB Decision

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Perc Vol: 1
Perc Index: 21

Decision Headnotes

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.01000 – In General/Definition of Appropriate Unit

Sweetwater units for classified employees found appropriate. Existence of merit system in District does not mandate establishment of a comprehensive classified employee unit.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.05000 – Established Practices

Little weight given to establish practice under Winton Act where no evidence of conditions on the employee organizations under Winton.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.06000 – Extent of Organization

Raw number of members of an employee organization in a proposed unit is not sufficient evidence for this criterion.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.02000 – Managerial and Confidential

Employer should be allowed a nucleus of individuals to assist in employer-employee relations and employer's right to undivided loyalty outweighs denial of representation rights for these individuals. An employee will be confidential even though the information handled by the employee may relate to negotiations for bargaining units other than the one which would include the employee.