Decision 2214S – State of California (Peace Officers of California and California Statewide Law Enforcement Association)
Decision Date: November 1, 2011
Decision Type: PERB Decision
Description: The Peace Officers of California (POC) sought to sever from State Unit 7 (Protective Services and Public Safety). a group of peace officers. The ALJ denied the severance petition.
Disposition: The Board held that: (1) under the Dills Act, peace officer employees are not statutorily entitled to a separate unit; and (2) POC failed to rebut the presumption that the existing unit is “more appropriate” than the proposed unit.
Perc Vol: 36
Perc Index: 76
1308.01000 – In General
Under the Dills Act, PERB is not compelled by law to form peace officer-only units, and peace officer employees do not have the statutory right to belong to a peace officer-only unit unless and until PERB designates positions or classes of positions whose primary duties involve the enforcement of state laws. Under the Dills Act, when a petition is filed to sever a unit from a larger, presumptively appropriate unit, the burden is on the petitioner to show that the requested unit is more appropriate.