Decision 2354M – City of Sacramento

SA-UM-795-M

Decision Date: February 14, 2014

Decision Type: PERB Decision

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Perc Vol: 38
Perc Index: 118

Decision Headnotes

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.03000 – Community of Interest

The MMBA does not specify the criteria to be used when making unit determinations in cases of a dispute. In determining whether a community of interest exists among employees within a unit, both the courts and the Board analyze a variety of factors, including job function and duties, wages, method of compensation, hours, employment benefits, supervision, qualifications, training and skills, contact/interchange with other employees, integration of work functions, and common goals.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.05000 – Initial Representation Procedures and Unit Modification

In the absence of local rules governing unit determination issues, PERB’s unit modification procedure is the appropriate forum to determine the unit placement of a newly-established classification. The Board considered but declined to adopt private sector authority that recognizes a rebuttable presumption that a newly-created classification resides in the bargaining unit where its primary duties have historically been performed; in this case, the clerical and customer service duties assigned to the new classification were merely incidental to the mechanic classifications in the petitioned-for unit.