Decision 2154S – State of California (Department of Corrections and Rehabilitation)

SA-CE-1595-S

Decision Date: December 30, 2010

Decision Type: PERB Decision

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Perc Vol: 35
Perc Index: 22

Decision Headnotes

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.01000 – In General/Definition of Appropriate Unit

Retired annuitants are not automatically placed in bargaining units containing full-time employees performing similar tasks. Rather, retired annuitants will be placed in such units if they are included in a unit determination or modification petition and if, following a full unit hearing, the Board determines they are appropriately placed in that unit.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.01000 – In General

Retired annuitants are not automatically placed in bargaining units containing full-time employees performing similar tasks. Rather, retired annuitants will be placed in such units if they are included in a unit determination or modification petition and if, following a full unit hearing, the Board determines they are appropriately placed in that unit. PERB is vested with the exclusive authority to determine appropriate bargaining units for State employees. Thus, to the extent the actions of the State Controller’s Office conflict, or are otherwise inconsistent, with PERB’s unit determinations, PERB’s determinations control.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.06000 – Unfair Practice and Unit Modification

Parties may not utilize the unfair practice procedure to circumvent the unit modification process.