Decision 0988S – State of California (Department of Personnel Administration) (American Federation of State, County and Municipal Employees)

S-S-130-S

Decision Date: April 9, 1993

Decision Type: PERB Decision

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Perc Vol: 17
Perc Index: 24070

Decision Headnotes

1308.00000 – REPRESENTATION ISSUES; SEVERANCE
1308.01000 – In General

Severance not granted as petitioner failed to rebut the presumptive appropriateness of present unit and how a separate unit of psychologists was more appropriate; p. 26.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.02000 – Bargaining/Representation History

Although psychologists have interests which distinguish them from other occupations in Unit 19 (e.g., a desire as well as a legal right to be admitted to medical staffs there is little evidence this has caused dissension among unit members or created an unstable bargaining situation; pp. 24-25. Bargaining history of Unit 19 revealed in case similar to that shown to exist in State of California (Department of Personnel Administration) (1989) PERB Decision No. 773-S where there was no "evidence that the interests of the employees included in the severance petition were trampled upon or ignored;" p. 25.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.03000 – Community of Interest

Board agent concluded that community of interest previously found to exist by the Board when it created Unit 19 still exists; p. 22. Although psychologists do have occupational characteristics which make them unique, the Board in creation of the unit recognized the differences; pp. 22-23. Crea6ion of new unit while occupationally fairly homogeneous, would include classifications with marked differences in education, licensing requirements, and job duties; pp. 23-24.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.04000 – Efficiency of Operation

In the absence of countervailing factors, the additional negotiation and administration of a new unit would have a negative impact upon state government and militates against granting severence; pp. 25-26.