Decision 1445E – San Diego Community College District
LA-UM-649-E
Decision Date: June 15, 2001
Decision Type: PERB Decision
Description: The Board granted the unit modification petition, which sought to transfer continuing education counselors from a continuing education faculty unit to the college faculty unit (which includes counselors).
Disposition: Unit modification petition granted. The Board granted the petition applying the totality of the circumstances approach after weighing the community of interest factors, negotiating history, evidence of dissatisfaction, and consideration of employee preference.
Perc Vol: 25
Perc Index: 32085
Decision Headnotes
1105.01000 – In General
Voluntarily submitted proof of support cards not made a part of record could not be relied upon for evidence of dissatisfaction with status quo by the Board in case evaluating unit modification petition.
1205.10000 – Other Affirmative Relief
Requested remedy that continuing education counselors be placed on salary schedule applicable to counselors currently represented by unit in which the Board's order places continuing education counselors denied as the matter is properly addressed through collective bargaining.
1306.01000 – In General; Requirements
Voluntarily submitted proof of support cards not made a part of record could not be relied upon for evidence of dissatisfaction with status quo by the Board in case evaluating unit modification petition.
1309.01000 – In General/Definition of Appropriate Unit
Joint filing of a petition for unit modification pursuant to PERB Regulation 32781(c) allows on its face an inference of dissatisfaction with the status quo. Absence of evidence in the record to rebut the inference leads the Board to find adequate evidence of dissatisfaction with incumbent union's representation. Where neither unit would be inappropriate for the continuing education counselors, it is proper to consider the desire of employees in making a determination on a unit modification petition.
1309.02000 – Bargaining/Representation History
Where current unit configuration, voluntarily established by the parties, does not coincide with Board decisions, but separates college counselors and faculty from continuing education counselors and faculty into two units, the units are not presumptively appropriate. Where units are not presumptively appropriate, and would not become so if the unit modification petition were granted, the petition is judged by whether the proposed unit is an appropriate unit. Voluntary establishment of wall-to-wall unit from which joint petitioners seek to remove continuing education counselors negates at least a portion of the deference the negotiating history would otherwise be afforded, therefore unlike the hearing officer, the Board does not rely on the negotiating history to "tip the scale" in favor of dismissing the petition.
1309.03000 – Community of Interest
Based upon the record, the Board weighs the similarity in work performed more heavily than the other community of interest factors to conclude that the continuing education counselors share a greater community of interest with the college counselors than with the continuing education faculty, therefore inclusion in the same unit as the college counselors is appropriate.
1309.04000 – Efficiency of Operation
Neither having to add a continuing education administrator to the District's bargaining team, nor requiring continuing education administrators to become more familiar with a new contract stand as an impediment to granting the unit modification petition.
1310.01000 – In General
Where current unit configuration, voluntarily established by the parties, does not coincide with Board decisions, but separates college counselors and faculty from continuing education counselors and faculty into two units, the units are not presumptively appropriate. Where units are not presumptively appropriate, and would not become so if the unit modification petition were granted, the petition is judged by whether the proposed unit is an appropriate unit. Joint filing of a petition for unit modification pursuant to PERB Regulation 32781(c) allows on its face an inference of dissatisfaction with the status quo. Absence of evidence in the record to rebut the inference leads the Board to find adequate evidence of dissatisfaction with incumbent union's representation. Where neither unit would be inappropriate for the continuing education counselors, it is proper to consider the desire of employees in making a determination on a unit modification petition. Requested remedy that continuing education counselors be placed on salary schedule applicable to counselors currently represented by unit in which the Board's order places continuing education counselors denied as the matter is properly addressed through collective bargaining.
1503.03000 – Regulations Considered (By Number) (Continued)
Joint filing of a petition for unit modification pursuant to PERB Regulation 32781(c) allows on its face an inference of dissatisfaction with the status quo. Absence of evidence in the record to rebut the inference leads the Board to find adequate evidence of dissatisfaction with incumbent union's representation.