Decision 0290H – Unit Determination for Technical Skilled Crafts, Service & Professional Employees of the UC (LLNL)

SF-RR-1002-H, et al.

Decision Date: March 4, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14086

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

In determining the status of casual employees and the appropriateness of excluding them from units, Board must consider statutory criteria in section 3579 of HEERA; p. 4.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.03000 – Community of Interest

Qualifications, job function, compensation, hours of work, fringe benefits, integration of work function, and interchange between employees are relevant in determining community of interest; p. 5. It is appropriate to include indeterminate-time employees in unit of full-time employees where they share a substantial mutual interest in matters subject to meeting and negotiation; pp. 8-9. As student indeterminate-time employees primary focus in on education rather than vocation, Board concludes their interest in bargaining matters is so limited and insubstantial to warrant their exclusion from units; p. 7. Due to divergent employment interests and tenuous employment relationship, students and faculty in summer programs do not have a community interest with regular, full-time career employees; p. 13. Employees in Women's Re-Entry Program should be excluded from units community interest with regular, full-time career employees; p. 13. Employees in Women's Re-Entry Program should be excluded from units Individuals hired less than one year to perform a task do share sufficient community of interest with bargaining unit employees and have a reasonable expectation of employment, and should be included in the units; p. 15.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.07000 – Temporary, Part-Time or Substitute Employees

Indeterminate-time employees are those hired to work on an intermittent basis during peak workloads or when there is a need for their specialized skills; p. 6. Temporary employee is one who is hired to work a fixed term of less than one year; p. 10.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.17000 – Stipulations

Board will accept stipulation in a unit determination matter only when stipulation does not contravene the Act or established Board policies; p. 9.