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

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Perc Vol: 22
Perc Index: 29106

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
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.

1308.00000 – REPRESENTATION ISSUES; SEVERANCE
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.

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

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

History of negotiations must be considered in a severance case along with 3 factors described in the statute.

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

Variant unit must be more appropriate than Sweetwater units based on separate community of interest.