Decision 2379E – Center Unified School District

SA-UM-821-E

Decision Date: June 27, 2014

Decision Type: PERB Decision

Description: The Center Unified School District (District) filed exceptions to a Board agent’s decision that noon duty aides shared a sufficient community of interest with the District’s classified employees to be included in an existing wall-to-wall unit of classified employees.

Disposition: The Board affirmed the Board agent’s decision and overruled Castaic Union High School District (2010) PERB Order No. Ad-384 to the extent it was not already superseded by passage of AB 501, which expressly recognized the representational rights of noon duty aides.

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Perc Vol: 39
Perc Index: 10

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

The Board adopted a proposed decision that concluded that noon duty aides (NDAs) shared a sufficient community or interest with classified employees in a wall-to-wall unit. NDAs are public school employees as per EERA section 3540.1 (j) and may be included in a unit of classified employees for collective bargaining purposes (overruling Castaic Union High School District PERB Decision No. Ad-384).

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

The Board adopted a proposed decision that concluded that noon duty aides (NDAs) shared a sufficient community or interest with classified employees in a wall-to-wall unit. NDAs are public school employees as per EERA section 3540.1 (j) and may be included in a unit of classified employees for collective bargaining purposes (overruling Castaic Union High School District PERB Decision No. Ad-384).) Significant differences in the wages, hours, and other terms and conditions of employment between two groups of employees does not automatically preclude finding a community of interest, and should not be controlling for determining community of interest, particularly when one group is unrepresented and would therefore be allowed to bargain for different wages, hours and terms and conditions if admitted into the unit.