Decision 1267E – Los Angeles Unified School District and Busdrivers Association for Unity and Service Employees International Union Local 99
LA-SV-123
Decision Date: June 16, 1998
Decision Type: PERB Decision
Description: Union appealed denial of its severance request that busdrivers be in a separate bargaining unit.
Disposition: Affirmed. Severance petition denied.
Perc Vol: 22
Perc Index: 29106
Decision Headnotes
101.03000 – NLRA/LMRDA Precedent
While NLRB cases may be instructive, they certainly are not controlling when PERB interprets provisions of EERA which are dissimilar to the NLRA.
1308.01000 – In General
The Board affirmed the ALJ's decision denying petitioner's severance request. The Board held that petitioner failed to meet the criteria for severance set forth in the Educational Employment Relations Act (EERA), Government Code section 3545. The Board rejected petitioner's argument that National Labor Relations Act (NLRA) precedent compels the Board to maximize employee free choice. The Board held that EERA differs from the NLRA and the intent of the Legislature in enacting EERA compels the Board to find the largest reasonable unit to be the appropriate one. Variant unit must be more appropriate than Sweetwater units based on separate community of interest. History of negotiations must be considered in a severance case along with 3 factors described in the statute. with 3 factors described in the statute.
1309.01000 – In General/Definition of Appropriate Unit
The Board affirmed the ALJ's decision denying petitioner's severance request. The Board held that petitioner failed to meet the criteria for severance set forth in the Educational Employment Relations Act (EERA), Government Code section 3545. The Board rejected petitioner's argument that National Labor Relations Act (NRLA) precedent compels the Board to maximize employee free choice. The Board held that EERA differs from the NLRA and the intent of the Legislature in enacting EERA compels the Board to find the largest reasonable unit to be the appropriate one.
1309.02000 – Bargaining/Representation History
History of negotiations must be considered in a severance case along with 3 factors described in the statute.
1309.03000 – Community of Interest
Variant unit must be more appropriate than Sweetwater units based on separate community of interest.