Decision 1429E – Lodi Unified School District

SA-SV-151-E

Decision Date: April 30, 2001

Decision Type: PERB Decision

Description: The Board denied the request for severance as proposed unit was not an appropriate unit for purposes of meeting and negotiating under EERA.

Disposition: Denied request for severance. The proposed unit was not an appropriate unit for purposes of meeting and negotiating; no showing of a separate and distinct and distinct community of interest.

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Perc Vol: 25
Perc Index: 32055

Decision Headnotes

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
202.01000 – In General; Statutory Definition

Service of the severence request adequate under Regulation 32140 and 33015 where employee in the unit signed the proof of service. No evidence that the employee was a authorized representative of the requesting party.

1308.00000 – REPRESENTATION ISSUES; SEVERANCE
1308.01000 – In General

Request for severance denied where evidence failed to support finding that information Services Department employees have a separate and distinct community of interest from other professional and technical employees of District. Like information service employees, other professional and technical employees are required to have college education and/or advanced training, work flexible schedules, and are required to travel from a central work location to other work sites. Also, the information services employees lack common supervision and have frequent work-related interaction with other classified employees. Service of the severence request adequate under Regulation 32140 and 33015 where employee in the unit signed the proof of service. No evidence that the employee was a authorized representative of the requesting party.

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

Where unit established by voluntary agreement and it appropriateness never fully litigated before PERB, negotiating will be given less difference than normal.

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

Request for severance denied where evidence failed to support finding that Information Services Department employees have a separate and distinct community of interest from other professional and technical employees of District. Like information service employees, other professional and technical employees are required to have college education and/or advanced training, work flexible schedules, and are required to travel from a central work location to other work sites. Also, the information services employees a lack common supervision and have frequent work-related interaction with other classified employees.

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

Severance request properly filed where individual employee included in proposed unit is not a "party" within meaning of EERA or Board regulations. (PERB Reg. 33015.) Service of the severence request adequate under Regulation 32140 and 33015 where employee in the unit signed the proof of service. No evidence that the employee was a authorized representative of the requesting party.