Decision 0839E – Santa Clara County Office of Education

Due to the similarity in job duties and terms and conditions of employment, substitute and full-time bus drivers share a community of interest that is not negated by differences that have arisen during the period that the substitutes have been excluded from the unit; such differences are amenable to resolution through the negotiations process; p. 2; pp. 8-12, proposed dec.

Cases in which it was found that substitute drivers were not within existing unit descriptions are inapposite where issue is whether substitutes should be added to existing unit containing full-time drivers; p. 4.

Prior bargaining positions that arguably conflicted with interests of substitute drivers sought to be added to unit insufficient to warrant exclusion from unit and do not represent irreconcilable conflicts which will disrupt negotiations once the union represents both groups in the same unit; p. 14, proposed dec.

Due to the similarity in job duties and terms and conditions of employment, substitute and full-time bus drivers share a community of interest that is not negated by differences that have arisen during the period that the substitutes have been excluded from the unit; such differences are amenable to resolution through the negotiations process; p. 2; pp. 8-12, proposed dec. Substitutes who work a substantial number of hours per week, and often work five days a week, are not "casual" employees with a sporadic or intermittent relationship to the employer that would preclude sufficient community of interest with regular employees; pp. 12-13, proposed dec.

45196; Ed. Code sec. 45196 merely provides for a minimum amount of sub-differential pay and the parties are free to negotiate a higher amount; p. 3.

Ed. Code sec. 45196 merely provides for a minimum amount of sub-differential pay and the parties are free to negotiate a higher amount; p. 3.