Decision 1315E – Long Beach Community College District and Long Beach Comjunity College Police Officers Association and California School Employees Association

LA-SV-126

Decision Date: February 9, 1999

Decision Type: PERB Decision

Description: Union Hied exceptions to Board agent’s determination that a unit of college safety officers is an appropriate bargaining unit under EERA and should be severed from the wall-to-wall unit.

Disposition: Affirmed. Board orders election.

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Perc Vol: 23
Perc Index: 30064

Decision Headnotes

1308.00000 – REPRESENTATION ISSUES; SEVERANCE
1308.01000 – In General

When a petition is filed to sever a smaller unit from a presumptively appropriate Sweetwater unit, the burden is on the petitioner to show that the requested unit is more appropriate. Here the existing unit is not a Sweetwater unit, therefore the standard is whether it is an appropriate unit; p. 10, proposed dec. To determine whether it is appropriate to sever a unit of security officers from the established wall-to-wall classified bargaining unit requires balancing community of interest criteria, the efficient operations of the district, and negotiating history factors in light of the Board's decision in Sacramento City Unified School District (1977) EERB Decision No. 30; p. 9, proposed dec. A unit of college safety officers is found to be appropriate for meeting and negotiating, since: (1) college safety officers share a community of interest separate and distinct from the remainder of the classified bargaining unit; (2) there was no evidence that efficiency of operations would be impaired; and (3) the Board has held that an employer is entitled to a separate unit of security officers; p. 14, proposed dec. The long-standing negotiating history is but one factor to be considered and, in this case, it is given less deference than if the established unit were a presumptively appropriate Sweetwater unit; p. 14, 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

A unit of college safety officers is found to be appropriate for meeting and negotiating, since: (1) college safety officers share a community of interest separate and distinct from the remainder of the classified bargaining unit; (2) there was no evidence that efficiency of operations would be impaired; and (3) the Board has held that an employer is entitled to a separate unit of security officers; p. 14, proposed dec.

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

The long-standing negotiating history is but one factor to be considered and, in this case, it is given less deference than if the established unit were a presumptively appropriate Sweetwater unit; p. 14, proposed dec.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.09000 – Law Enforcement

A unit of college safety officers is found to be appropriate for meeting and negotiating, since: (1) college safety officers share a community of interest separate and distinct from the remainder of the classified bargaining unit; (2) there was no evidence that efficiency of operations would be impaired; and (3) the Board has held that an employer is entitled to a separate unit of security officers; p. 14, proposed dec.