Decision 1068E – San Francisco Community College District (Laborers’ International Union of North America)

SF-R-713

Decision Date: November 17, 1994

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26011

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

San Francisco Community College District and the City of San Francisco are joint employers and PERB has jurisdiction over its employees.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
202.05000 – Same Employee Organization

Statutory provision of EERA section 3545(b)(2) does on its face nor has it been interpreted to ban an employee organization from representing rank-file employees with one employer and supervisory employees of a different employer; p. 29, proposed dec.

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

The Board dismissed petition where requested gardeners and nursery specialists unit was found to be inappropriate, rather, a crafts unit was found approprite; p. 5. The burden is upon the party seeking a unit or units different than the Sweetwater unit configurations; p. 3. Although establishment of a pure Sweetwater operations and support services unit is impossible in this case that does not make Sweetwater and other Board precedent, inapplicable. Not all units approved under Sweetwater look exactly alike; p. 28, proposed dec.

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

Building trades classifications share similar and other related job functions; p. 5.

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

Employer's concerns over the potential impact on its efficiency of operations if one small craft unit approved thus leading to a proliferation of small units cannot be dismissed as "speculative"; p. 28, proposed dec.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.07000 – Unit Size

Lending support to finding the unit determination inappropriate was the small number of employees (8) at stake as there is a potential for proliferation of small units of building trades employees; p. 4. Employer's concerns over the potential impact on its efficiency of operations if one small craft unit approved thus leading to a proliferation of small units cannot be dismissed as "speculative"; p. 28, proposed dec.