Decision 1082E – San Juan Unified School District

S-S-137 (S-R-232A)

Decision Date: January 18, 1995

Decision Type: PERB Decision

Description: Union seeks to sever employees in food services and maintenance classifications out of an existing general classified bargaining unit.

Disposition: Board granted severance petition finding new unit to be appropriate.

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Perc Vol: 19
Perc Index: 26039

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

On balance, the long, relatively stable negotiating relationship that exists between an incumbent union and the employer, and the added burden to the employer of dealing with an additional unit is not sufficient to overcome the Sweetwater policy in light of the employee's right to select an exclusive representative for an appropriate unit; pp. 7-8.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

Properly completed authorization cards, without more, are sufficient proof of support to meet the requirements of PERB Regulation 32700(e); p. 6.

1300.00000 – REPRESENTATION ISSUES; CERTIFICATION/VOLUNTARY RECOGNITION
1300.04000 – Certification Bar

A written agreement that exceeds 36 months does not constitute a contract bar to representation petitions; p. 6.

1302.00000 – REPRESENTATION ISSUES; DECERTIFICATION
1302.04000 – Bar To

A written agreement that exceeds 36 months does not constitute a contract bar to representation petitions; p. 6.

1306.00000 – REPRESENTATION ISSUES; PROOF OF SUPPORT
1306.01000 – In General; Requirements

Properly completed authorization cards, without more, are sufficient proof of support to meet the requirements of PERB Regulation 32700(e); p. 6.