Decision 1881H – Trustees of the California State University
LA-UM-724-H, LA-UM-725-H
Decision Date: January 24, 2007
Decision Type: PERB Decision
Description: An appeal of an administrative law judge’s proposed decision finding that a new classification belonged to Unit 4, thereby partially denying a petition that would place the new classification in Unit 7.
Disposition: The Board remanded the case to the ALJ to conduct a hearing for the purpose of taking additional evidence.
Perc Vol: 31
Perc Index: 51
Decision Headnotes
1107.03000 – Remand for Further Hearing; Remand to General Counsel
Remand is appropriate because the primary focus of the record was whether the new library services specialist classification was more aligned with other classifications as opposed to the criteria found in HEERA section 3579.
1306.01000 – In General; Requirements
The ALJ should have required a proof of support when the size of the unit would have been increased by approximately 25 percent.
1309.01000 – In General/Definition of Appropriate Unit
The rebuttable presumption test is used when parties seek to move an existing classification from one bargaining unit to another or to separate a bargaining unit. It is not properly used when placing a new classification into a unit. Rather, it is necessary to utilize the criteria found in HEERA section 3579.
1309.02000 – Bargaining/Representation History
The rebuttable presumption test is used when parties seek to move an existing classification from one bargaining unit to another or to separate a bargaining unit. It is not properly used when placing a new classification into a unit. Rather, it is necessary to utilize the criteria found in HEERA section 3579.
1310.01000 – In General
The rebuttable presumption test is used when parties seek to move an existing classification from one bargaining unit to another or to separate a bargaining unit. It is not properly used when placing a new classification into a unit. Rather, it is necessary to utilize the criteria found in HEERA section 3579.
1310.05000 – Initial Representation Procedures and Unit Modification
The rebuttable presumption test is used when parties seek to move an existing classification from one bargaining unit to another or to separate a bargaining unit. It is not properly used when placing a new classification into a unit. Rather, it is necessary to utilize the criteria found in HEERA section 3579.