Decision 0290H – Unit Determination for Technical Skilled Crafts, Service and Professional Employees of the University of California (Lawrence Livermore National Laboratory)
SF-RR-1002-H, et al.
Decision Date: March 4, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14086
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.
1309.03000 – 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.
200.07000 – 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.
1105.17000 – Stipulations
Board will accept stipulation in a unit determination matter only when stipulation does not contravene the Act or established Board policies; p. 9.