Decision 1510E – Burlingame Elementary School District

SF-CO-601-E

Decision Date: February 13, 2003

Decision Type: PERB Decision

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Perc Vol: 27
Perc Index: 30

Decision Headnotes

805.00000 – UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT
805.01000 – In General

Employer’s charge that union committed an unfair practice by representing a confidential employee fails to state a prima facie case. The essence of employer’s charge is a dispute over the composition of a unit. In disputed cases, a unit modification can only be accomplished through PERB’s unit modification procedure. Employer cannot circumvent PERB’s unit modification procedure by bringing an unfair practice charge.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.06000 – Unfair Practice and Unit Modification

PERB’s unit modification procedure is the proper method to address disputes in the composition of a unit. Employer’s attempt to gain PERB review of a unit modification dispute by filing an unfair practice charge was improper.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.01000 – In General

Employer’s charge that union committed an unfair practice by representing a confidential employee fails to state a prima facie case. The essence of employer’s charge is a dispute over the composition of a unit. In disputed cases, a unit modification can only be accomplished through PERB’s unit modification procedure. Employer cannot circumvent PERB’s unit modification procedure by bringing an unfair practice charge.