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.

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Perc Vol: 36
Perc Index: 76

Decision Headnotes

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.