Decision 1445E – San Diego Community College District

LA-UM-649-E

Decision Date: June 15, 2001

Decision Type: PERB Decision

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Perc Vol: 25
Perc Index: 32085

Decision Headnotes

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
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.

1306.00000 – REPRESENTATION ISSUES; PROOF OF SUPPORT
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.

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

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

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

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

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.