Decision 0165E – Livermore Valley Joint Unified School District

SF-R-28X

Decision Date: June 22, 1981

Decision Type: PERB Decision

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Perc Vol: 5
Perc Index: 12063

Decision Headnotes

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.02000 – Bargaining/Representation History

Although a stable negotiating relationship will not be lightly disturbed, the Sweetwater preference governs a severance inquiry just as it does an initial unit determination. Thus, in the absence of factors showing an existing two-year-old comprehensive unit to be more appropriate, a severance creating a new operations-support unit will be granted.

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

There is a strong preference for a presumption in favor of the Sweetwater units for classified employees. A party wishing to establish a different unit must show that the proposed unit is a more appropriate grouping than the Sweetwater units.

1308.00000 – REPRESENTATION ISSUES; SEVERANCE
1308.01000 – In General

A severance is factually different from an initial unit determination because negotiating history must be considered when evaluating a severance. Although a stable negotiating relationship will not be lightly disturbed, the Sweetwater preference governs a severance inquiry just as it does an initial unit determination. Thus, in the absence of factors showing an existing two-year-old comprehensive unit to be more appropriate, a severance creating a new operations-support unit will be granted.