Decision 2142M – City of Lodi


Decision Date: November 16, 2010

Decision Type: PERB Decision

Description: The Board affirmed the dismissal of a severance petition by which the petitioner sought to sever approximately ten employees in eleven classes in the City’s general services unit.

Disposition: The Board held the petition failed to establish that its proposed unit possessed a community of interest that was separate and distinct from the other employees in the general services unit.

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Perc Vol: 34
Perc Index: 169

Decision Headnotes

1308.01000 – In General

MMBA section 3507(a) provides that a local public agency may adopt reasonable rules and regulations for the administration of employer-employee relations, and such rules may include the exclusive recognition of employee organizations formally recognized pursuant to a vote of the employees of the agency or an appropriate unit thereof, subject to the right of an employee to represent himself or herself as provided in MMBA section 3502. While a severance petitioner has the burden of proving its proposed unit is an appropriate unit, it need not demonstrate that its proposed unit is the ultimate unit or the most appropriate unit. Rather, a petitioner must show that the proposed unit has a community of interest that is separate and distinct from other employees within the existing bargaining unit.