Decision 0290H – Unit Determination for Technical Skilled Crafts, Service and Professional Employees of the University of California (Lawrence Livermore National Laboratory)

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.

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.

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.

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