Decision 1768M – Modesto Irrigation District

SA-CE-267-M

Decision Date: June 10, 2005

Decision Type: PERB Decision

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Perc Vol: 29
Perc Index: 140

Decision Headnotes

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.11000 – Professional Employees

MMBA section 3507.3 provides for the right to separate representation for professional employees by a professional employee organization. But does not require placement from one mixed unit to another.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.01000 – In General

The District’s Employer Employee Relations Resolution’s procedure for unit modification authorizes an employee organization, not individual employees or a group of employees, to file a unit modification petition to create a separate unit of professional employees. The two petitions for unit modification were filed by Tacke and other professional employees, not by an employee organization. The first petition improperly sought to be transfer from the Professional and Supervisory unit to the Management/Confidential unit. MMBA section 3507.3 does not require relocation from one mixed unit to another.