Decision 0352E – Palo Alto Unified School District
SF-UM-199 (SF-R-155A, B, C)
Decision Date: October 24, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14278
Decision Headnotes
1309.02000 – Bargaining/Representation History
Modification of unit to merge class room teachers, hourly adult education teachers and substitute teachers appropriately granted. Features of community of interest discussed.
1309.03000 – Community of Interest
Modification of unit to merge class room teachers, hourly adult education teachers and substitute teachers appropriately granted. Features of community of interest discussed.
1309.01000 – In General/Definition of Appropriate Unit
Modification of unit to merge class room teachers, hourly adult education teachers and substitute teachers appropriately granted. Features of community of interest discussed.
1309.04000 – Efficiency of Operation
Modification of unit to merge class room teachers, hourly adult education teachers and substitute teachers appropriately granted. Features of community of interest discussed.
1309.05000 – Established Practices
Modification of unit to merge class room teachers, hourly adult education teachers and substitute teachers appropriately granted Features of community of interest discussed.
1309.06000 – Extent of Organization
Modification of unit to merge class room teachers, hourly adult education teachers and substitute teachers appropriately granted. Features of community of interest discussed.
1309.07000 – Unit Size
Modification of unit to merge class room teachers, hourly adult education teachers and substitute teachers appropriately granted. Features of community of interest discussed.
1309.08000 – Classroom Teachers
Modification of unit to merge class room teachers, hourly adult education teachers and substitute teachers appropriately granted. Features of community of interest discussed. Rebuttable presumption that all classroom teachers will be in same unit. Presumption may be rebutted by showing lack of community of interest or such application would cause disruption or instability within an already established unit. Burden of proof remains on the party opposing the presumptively appropriate unit.
1310.02000 – Change in Circumstances
Change in circumstances justifies inclusion of substitutes into merged unit where initial determination was appropriateness of substitute unit.
1310.01000 – In General
Issue of consolidation separate from issue of appropriateness of unit. Earlier PERB decision regarding appropriateness of unit does not bar consolidation where circumstances, such as existence of contract are different.
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
Rebuttable presumption that all classroom teachers will be in same unit. Presumption may be rebutted by showing lack of community of interest or such application would cause disruption or instability within an already established unit. Burden of proof remains on the party opposing the presumptively appropriate unit.