Decision 0320E – Oakland Unified School District
SF-UM-154 (R-200A)
Decision Date: June 20, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14183
Decision Headnotes
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
Rebuttable presumption that all classroom teachers are in the same unit. Cites Peralta CCD (1977) PERB Dec. No. 77. Presumption applies to question of proper unit placement of substitute teachers, and single unit will be directed, unless disparate community of interest exist or such application would cause disruption or instability within an already established unit. Question of disruption of part of Peralta test.
200.07000 – Temporary, Part-Time or Substitute Employees
Substitutes are employees under EERA. Cites Palo Alto USD/ Jefferson USD.
1309.01000 – In General/Definition of Appropriate Unit
Rebuttable presumption that all classroom teachers are in the same unit. Cites Peralta CCD (1977) PERB Dec. No. 77. Presumption applies to question of proper unit placement of substitute teachers, and single unit will be directed, unless disparate community of interest exists or such application would cause disruption or instability within an already established unit. Question of disruption is part of Peralta test.
1309.03000 – Community of Interest
Substitute teachers have community of interest with full time teachers. Question of disruption is part of Peralta test. Rebuttable presumption that all classroom teachers will be contained in a single unit.
1309.04000 – Efficiency of Operation
Board found community of interest between substitutes and regular certificated teachers despite differences in wages and fringe benefits, no reasonable expectation of employment, potential conflict of interest, and differences in credential status.
1309.07000 – Unit Size
In determining units the Board deals with classifications, not members. Hence adding 1000 substitutes to 3000 full time employees irrelevant.
1309.08000 – Classroom Teachers
Rebuttable presumption that all classroom teachers are in the same unit. Cites Peralta CCD (1977), PERB Dec. No. 77. Presumption applies to question of proper unit placement of substitute teachers, & single unit will be directed, unless disparate community of interest exist such application would cause disruption or instability within an already established unit. Question of disruption of part of Peralta test.