Decision 1623E – Fontana Unified School District

LA-UM-683-E

Decision Date: April 28, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 145

Decision Headnotes

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

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.04000 – Efficiency of Operation

Efficiency of the employer’s operation has not been found to outweigh representation rights.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
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.