Decision 1768M – Modesto Irrigation District
Decision Date: June 10, 2005
Decision Type: PERB Decision
Description: Tacke alleged that the district unlawfully placed senior engineers in a bargaining unit with non-professional employees.
Disposition: The Board dismissed the charge. MMBA section 3507.3 provides for a right to separate representation for professional employees but does not require placement from one mixed unit to another. In addition, the district employment relations manual only permits employee organizations, not individual employees, to petition for unit modification.
Perc Vol: 29
Perc Index: 140
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.
1310.01000 – 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.