Decision 1928E – San Jose/Evergreen Community College District * * * OVERRULED IN PART by County of Ventura (2018) PERB Decision No. 2600-M

SF-CE-2312-E

Decision Date: November 16, 2007

Decision Type: PERB Decision

 * * * OVERRULED IN PART by County of Ventura (2018) PERB Decision No. 2600-M * * *

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Perc Vol: 31
Perc Index: 159

Decision Headnotes

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.04000 – Joint, Single or Dual Employers

A joint employer situation arises where two or more employers exert significant control over the same employees -- where from the evidence it can be shown that they share or co-determine those matters governing essential terms and conditions of employment. A joint employer theory does not depend upon the existence of a single integrated enterprise; rather, it assumes the enterprises are independent legal entities that have “historically chosen to handle jointly . . . important aspects of their employer-employee relationship.” The central focus in such cases is the level of control exerted over the employees by the enterprises in question.

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.05000 – Joint Powers Agreements

The Board is not necessarily bound by contract language when determining the existence of a joint employer relationship. The key inquiry in joint employer cases is the level of actual control exerted by the parties over the shared employees. Thus, while contract language provides legitimate indicia of control by one party it is not a dispositive factor in finding the existence of a joint employer relationship.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.02000 – Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)

A joint employer situation arises where two or more employers exert significant control over the same employees -- where from the evidence it can be shown that they share or co-determine those matters governing essential terms and conditions of employment. A joint employer theory does not depend upon the existence of a single integrated enterprise; rather, it assumes the enterprises are independent legal entities that have “historically chosen to handle jointly . . . important aspects of their employer-employee relationship.” The central focus in such cases is the level of control exerted over the employees by the enterprises in question.