Decision 1623E – Fontana Unified School District
LA-UM-683-E
Decision Date: April 28, 2004
Decision Type: PERB Decision
Description: USWA sought to add all duty aides to a wall-to-wall classified unit. USWA provided proof of majority support. The District opposed the petition.
Disposition: The Board determined that the duty aides shared sufficient community of interest with the classified unit to warrant their inclusion in the unit and granted the petition.
Perc Vol: 28
Perc Index: 145
Decision Headnotes
1309.03000 – Community of Interest
The duty aides possess sufficient community of interest with the wall-to-wall classified unit to warrant inclusion in the bargaining unit. Their exclusion from the classified service under Education Code section 45103 does not preclude their exercise of rights under EERA. The duty aides are regularly-scheduled part-time employees who have a continued expectation of employment. The duty aides’ lack of a formal job description, lower pay, and limited benefits are not controlling in determining community of interest since these issues are subject to negotiations if the petition is granted. Not all duties must be identical to establish a community of interest.
1309.04000 – Efficiency of Operation
Efficiency of the employer’s operation has not been found to outweigh representation rights.
1310.01000 – In General
The duty aides possess sufficient community of interest with the wall-to-wall classified unit to warrant inclusion in the bargaining unit. Their exclusion from the classified service under Education Code section 45103 does not preclude their exercise of rights under EERA. The duty aides are regularly-scheduled part-time employees who have a continued expectation of employment.) The duty aides’ lack of a formal job description, lower pay, and limited benefits are not controlling in determining community of interest since these issues are subject to negotiations if the petition is granted. Not all duties must be identical to establish a community of interest.