Decision 1464E – Oakland Unified School District


Decision Date: October 4, 2001

Decision Type: PERB Decision

Description: The Board denied the severance petition, which sought to establish a separate unit of full-time and regular part-time psychologists.

Disposition: Denied. The facts did not support a finding that the psychologists have a community of interest that is separate and distinct from that shared with teachers and other certificated employees.

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Perc Vol: 26
Perc Index: 33002

Decision Headnotes

1308.01000 – In General

Severance request denied where while psychologists share a community of interest, record did not support a finding it separate and distinct from that shared with other certificated employees. Though employee dissatisfaction was understandable and arguably warranted, it was not enough to justify a separate unit. Since the Board had established the existing unit through a Board decision, the burden was on Petitioner to show its proposed unit was more appropriate. The Board has consistently held that pupil services classifications such as psychologists and nurses are appropriately included with other certificated employees. While bargaining history must be considered in a severance case, it is but one factor to consider.