Decision 1086E – San Francisco Unified School District

SF-R-799-800, 803

Decision Date: March 1, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26064

Decision Headnotes

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

The community of interest found to exist among the crafts employees of the Building and Grounds Department defeats the attempt to form single craft units; p. 32, proposed dec. The glaziers, sheet metal workers and electricians share a community of interest, but that community of interest is not distinct and separate from that shared with other crafts employees with whom they are functionally integrated and share supervision, working conditions, work locations, training and use of tools; p. 33, proposed dec.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.14000 – Splitting of Classifications

EERA does not preclude in every case an employee's placement in more than one bargaining unit. An employee holding two positions with the same employer might well be included in two separate bargaining units representated by two different exclusive representatives; p. 28, 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

Education Code section 45318 only requires that the district's employees be covered by the city's civil service system, not that the district be subject to the bargaining unit structure of the city employee relations ordinance; p. 28, proposed dec. EERA does not preclude in every case an employee's placement in more than one bargaining unit. An employee holding two positions with the same employer might well be included in two separate bargaining units represented by two different exclusive representatives; p. 28, proposed dec. The determination of an appropriate unit must be made with consideration only of those classifications not already placed in a unit; p. 30, proposed dec. Board determines each case based on the appropriateness of the unit and is not limited to a choice between "an" or "the most" appropriate Board determines each case based on the appropriateness of the unit and is not limited to a choice between "an" or "the most" appropriate

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

The San Francisco Unified School District and the City of San Francisco are joint employers and PERB has jurisdiction over the determination of appropriate bargaining units; p. 23, fn. 35, proposed dec.

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.01000 – In General

Education Code section 45318 only requires that the district's employees be covered by the city's civil service system, not that the district be subject to the bargaining unit structure of the city employee relations ordinance; p. 28, proposed dec. EERA does not preclude in every case an employee's placement in more than one bargaining unit. An employee holding two positions with the same employer might well be included in two separate bargaining units represented by two different exclusive representatives; p. 28, proposed dec.