Decision 0933S – State of California (Department of Personnel Administration) (California State Employees Association)

S-UM-500-S

Decision Date: May 15, 1992

Decision Type: PERB Decision

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Perc Vol: 16
Perc Index: 23077

Decision Headnotes

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.01000 – In General/Definition of Appropriate Unit

Although parties had agreed to exclude classifications from a bargaining union, stipulation was no longer in effect and the classifications were deemded to be part of the bargaining unit the Board initially placed them. Thus, party requesting unit modification has the burden to demonstrate that one bargaining unit is more appropriate than another bargaining unit; p. 2. An agreement affecting unit determination will not be accepted unless there are facts on the record which would enable the Board to find the unit appropriate; p. 13, proposed dec. Neither the original unit placement nor the proposed modification is required to be perfect or the most appropriate; p. 15, proposed dec. To rebut the presumptive validity of the original state unit determination, party must show that its proposed modification is more approprite; p. 17, proposed dec. determination, party must show that its proposed modification is more approprite; p. 17, proposed dec. rationale for disturbing the unit placement; p. 19, proposed dec.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.05000 – Initial Representation Procedures and Unit Modification

Although parties had agreed to exclude classifications from a bargaining unit, stipulation was no longer in effect and the classifications were deemded to be part of the bargaining unit the Board initially placed them. Thus, party requesting unit modification has the burden to demonstrate that one bargaining unit is more appropriate than another bargaining unit; p. 2. To rebut the presumptive validity of the original state unit determination, party must show that its proposed modification is more appropriate; p. 17, proposed dec.